Md. Code, Local Government § 21-408 — MD Code / Article glg / Title 21 / Subtitle 4 / Section 21-408
§21–408.
Status: in_force

(a) This part is self–executing and does not require a municipality to amend its charter to exercise the powers granted under this part.

(b) The powers granted under this part:

(1) are supplemental to any power granted by another law; and

(2) do not limit any other power.

(c) This part is necessary for the welfare of the State and its residents and shall be liberally construed to effect the purposes stated in § 21–410(a) of this subtitle.
Md. Code, Transportation § 21-312 — MD Code / Article gtr / Title 21 / Subtitle 3 / Section 21-312
§21–312.
Status: in_force

(a) A person may not drive a vehicle onto any controlled access highway except at the entrances and exits established by public authority.

(b) A person may not drive a vehicle from any controlled access highway except at the entrances and exits established by public authority.
Md. Code, Local Government § 21-512 — MD Code / Article glg / Title 21 / Subtitle 5 / Section 21-512
§21–512.
Status: in_force

(a) A bond issued under this subtitle:

(1) may be in bearer form or coupon form;

(2) may be registrable as to principal alone or as to both principal and interest; and

(3) is a security under § 8–102 of the Commercial Law Article, whether the bond is one of a class or series or is divisible into a class or series of instruments.

(b) (1) A bond shall be signed manually or in facsimile by the chief executive officer of the county.

(2) The clerk or other similar administrative officer of the county shall attest to and affix the seal of the county to each bond.

(3) An officer’s signature or countersignature on a bond remains valid if the officer ceases to be an officer before delivery of the bond.

(c) A bond shall mature not later than 30 years after the date of issuance.

(d) (1) A county may sell bonds:

(i) at a public or private sale; and

(ii) in any manner and on any terms that the governing body of the county considers best.

(2) A contract to acquire property may provide that payment shall be made in bonds.

(3) Bonds are exempt from §§ 19–205 and 19–206 of this article.
Md. Code, Health - General § 21-433 — MD Code / Article ghg / Title 21 / Subtitle 4 / Section 21-433
§21–433.
Status: in_force

A person may not violate any provision of this subtitle or any rule or regulation adopted under this subtitle.
Md. Code, Alcoholic Beverages and Cannabis § 21-202 — MD Code / Article gab / Title 21 / Subtitle 2 / Section 21-202
§21–202.
Status: in_force

(a) (1) The Governor shall appoint three members to the Board.

(2) The appointments shall be made:

(i) if there is a resident Senator elected from the county, with the advice and consent of the Senate; or

(ii) if there is no resident Senator elected from the county, with confirmation by the House of Delegates.

(b) (1) Each member of the Board shall be:

(i) a resident and voter of the county; and

(ii) an individual of high character and integrity and of recognized business capacity.

(2) An individual who is receiving compensation from the county may not be appointed to the Board.

(3) (i) Two members of the Board shall be members of the same political party as that of a majority of the members of the Board of County Commissioners.

(ii) One member of the Board shall be a member of a political party other than the one represented by a majority of the Board of County Commissioners.

(c) (1) The term of a member is 6 years and begins on June 1.

(2) The terms of the members are staggered as required by the terms provided for members of the Board on July 1, 2016.

(d) (1) The Governor shall appoint an eligible individual to fill a vacancy during the remainder of the term of office of the individual originally appointed in accordance with subsection (a) of this section.

(2) A member who is appointed after a term has begun serves only for the rest of the term and until a successor is appointed and qualifies.

(e) (1) The Governor may remove a member for misconduct in office, incompetence, or willful neglect of duty.

(2) The Governor shall give a member who is charged a copy of the charges against the member and, with at least 10 days’ notice, an opportunity to be heard publicly in person or by counsel.

(3) If a member is removed, the Governor shall file with the Office of the Secretary of State a statement of charges against the member and the Governor’s findings on the charges.
Md. Code, Alcoholic Beverages and Cannabis § 21-1312 — MD Code / Article gab / Title 21 / Subtitle 13 / Section 21-1312
§21–1312.
Status: in_force

A holder of a Class C per diem beer, wine, and liquor license may purchase alcoholic beverages from a wholesaler or a retailer.
Md. Code, Alcoholic Beverages and Cannabis § 21-905 — MD Code / Article gab / Title 21 / Subtitle 9 / Section 21-905
§21–905.
Status: in_force

(a) (1) There is:

(i) a Class D (75% on–sale) beer, wine, and liquor license; and

(ii) a Class D (75% off–sale) beer, wine, and liquor license.

(2) The Board may not issue a license under this section to a grocery store whose primary business is to sell food at retail to the public for off–premises consumption.

(b) The Board shall issue the license for on–premises consumption for use by an establishment whose total beer, wine, and liquor sales are at least 75% on–premises consumption and not more than 25% off–premises consumption.

(c) The Board shall issue the license for off–sale consumption for use by an establishment whose total beer, wine, and liquor sales are at least 75% off–premises consumption and not more than 25% on–premises consumption.

(d) (1) A holder of the license with a catering option may sell beer, wine, and liquor for consumption at events that the holder caters off the licensed premises during the hours and days that the Board allows.

(2) The license holder shall provide food if the license holder provides alcoholic beverages at a catered event off the licensed premises.

(e) The annual license fees are:

(1) $1,500 for a 6–day (on–sale) license without a catering option;

(2) $2,000 for a 6–day (on–sale) license with a catering option;

(3) $3,000 for a 6–day (off–sale) license;

(4) $1,750 for a 7–day (on–sale) license without a catering option;

(5) $2,250 for a 7–day (on–sale) license with a catering option; and

(6) $3,500 for a 7–day (off–sale) license.

(f) The Board shall charge a one–time issuing fee for a new license in an amount equal to the annual license fee.
Md. Code, Alcoholic Beverages and Cannabis § 21-1002.4 — MD Code / Article gab / Title 21 / Subtitle 10 / Section 21-1002.4
§21–1002.
Status: in_force

§21–1002.4.

(a) There is a Class BRC–resort complex beer, wine, and liquor license.

(b) The Board may issue the license to a license holder for a complex that has at least two facilities that are:

(1) located on the same contiguous property;

(2) separated by at least 150 feet from the main area of the licensed premises; and

(3) determined by the Board to be hotel, motel, recreational, or restaurant facilities.

(c) The license authorizes the license holder to sell at a hotel, motel, recreational, or restaurant facility at retail at the place described in the license:

(1) beer, wine, and liquor for on–premises consumption; and

(2) beer for off–premises consumption.

(d) The license holder may sell beer, wine, and liquor during the hours and days as set out for a Class B beer, wine, and liquor license under § 21–2004 of this title.

(e) The annual license fees are:

(1) $3,000 for a 6–day license for two facilities;

(2) $1,500 for each additional facility for a 6–day license;

(3) $3,500 for a 7–day license for two facilities; and

(4) $1,750 for each additional facility for a 7–day license.

(f) The Board shall:

(1) charge a one–time issuing fee for a new license in an amount equal to the annual license fee; and

(2) adopt regulations to carry out this section.
Md. Code, Local Government § 21-407 — MD Code / Article glg / Title 21 / Subtitle 4 / Section 21-407
§21–407.
Status: in_force

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

(b) “Bond” means a revenue bond, note, or other similar instrument issued by a municipality in accordance with this part.

(c) “Cost” includes the cost of:

(1) construction, reconstruction, and renovation;

(2) acquisition of structures, real or personal property, rights, rights–of–way, franchises, easements, and interests acquired or to be acquired by the Maryland Economic Development Corporation, the State, a unit or political subdivision of the State, or another governmental unit having jurisdiction over the infrastructure improvement;

(3) machinery and equipment, including machinery and equipment needed to expand or enhance municipal services to a special taxing district;

(4) financing charges and interest before and during construction and, if the municipality considers it advisable, for a limited period after completion of the construction;

(5) interest and reserves for principal and interest, including the cost of municipal bond insurance and any other type of financial guaranty and costs of issuance;

(6) extensions, enlargements, additions, and improvements;

(7) architectural, engineering, financial, and legal services;

(8) plans, specifications, studies, surveys, and estimates of costs and revenues;

(9) administrative expenses necessary or incident in determining to proceed with infrastructure improvements; and

(10) other expenses necessary or incident to acquiring, constructing, and financing infrastructure improvements.

(d) “MEDCO obligation” means any debt instrument that the Maryland Economic Development Corporation issues for the purposes stated in § 21–410(a)(2) of this subtitle.

(e) “State hospital redevelopment” means any combination of private or public commercial, residential, or recreational uses, improvements, and facilities that:

(1) is part of a comprehensive coordinated development plan or strategy involving property that:

(i) was occupied formerly by a State facility, as defined in § 10–101 of the Health – General Article, or a State residential center, as defined in § 7–101 of the Health – General Article; or

(ii) is adjacent or reasonably proximate to property that was occupied formerly by a State facility, as defined in § 10–101 of the Health – General Article, or a State residential center, as defined in § 7–101 of the Health – General Article;

(2) in accordance with design development principles, maximizes use of the property by those constituencies it is intended to serve; and

(3) is designated as a State hospital redevelopment by:

(i) the Sustainable Growth Subcabinet established under § 9–1406 of the State Government Article; and

(ii) the local government or multicounty agency with land use and planning responsibility for the relevant area.

(f) “Transit–oriented development” has the meaning stated in § 7–101 of the Transportation Article.
Md. Code, Transportation § 21-105 — MD Code / Article gtr / Title 21 / Subtitle 1 / Section 21-105
§21–105.
Status: in_force

Unless specifically made applicable, the provisions of this title, except for those in Subtitle 9 of this title, do not apply to persons, motor vehicles, and equipment while engaged in construction or maintenance work on a highway. However, the provisions of this title do apply to these persons, vehicles, and equipment when traveling to or from this work.
Md. Code, Health - General § 21-335 — MD Code / Article ghg / Title 21 / Subtitle 3 / Section 21-335
§21–335.
Status: in_force

(a) A person may not sell or offer for sale at retail in this State any metal soft drink container or any composite soft drink container that is designed and constructed with an all metal tab opening device that detaches from the container when the container is opened in a manner which is normally used to empty the contents of the container.

(b) The provisions of this section do not prohibit the sale or offer for sale of:

(1) A beverage container sealed with a laminated tape seal, even if the seal contains aluminum foil, if the seal is not rigid;

(2) Frozen beverage concentrates in all metal containers with detachable metal pull tabs customarily and primarily purchased for dilution and use within the home, or for similar purposes; and

(3) Metal beverage containers with pull tabs for milk-based products, soy-based products, or similar products which require sterilization and pressure in the canning process.
Md. Code, Health - General § 21-803 — MD Code / Article ghg / Title 21 / Subtitle 8 / Section 21-803
§21–803.
Status: in_force

(a) The Secretary shall provide a copy of this subtitle:

(1) To the extent possible, to every person who in this State manufactures or sells, at wholesale or retail, any frozen dessert or mix for a frozen dessert; and

(2) To any person who requests it.

(b) The Secretary may:

(1) Publish summaries of judgments, decrees, or court orders issued under this subtitle; and

(2) Otherwise collect, report, or illustrate the results of any investigation conducted under this subtitle.
Md. Code, Local Government § 21-102 — MD Code / Article glg / Title 21 / Subtitle 1 / Section 21-102
§21–102.
Status: in_force

This subtitle applies to all counties except Baltimore City.
Md. Code, Public Utilities § 21-205 — MD Code / Article gpu / Title 21 / Subtitle 2 / Section 21-205
§21–205.
Status: in_force

(a) (1) The Commission’s right to enter and take possession of land or an interest in land under this subtitle takes effect immediately after the filing of a written declaration of taking in the Circuit Court for Prince George’s County, accompanied by payment of the estimated fair market value of the land or interest in land, as required under § 21–206(a) of this subtitle.

(2) A declaration of taking may be:

(i) combined with a petition for condemnation, filed simultaneously with or as part of the same pleading; or

(ii) filed after a petition for condemnation.

(b) A declaration of taking shall:

(1) include a statement as to the number of takings in land or interest in land necessary for the extension or construction of the water supply, sanitary sewer, or stormwater management project;

(2) include a statement that the Commission has acquired or is acquiring by purchase or procedures other than the declaration of taking method at least one–half of the takings needed for the extension or construction of the project;

(3) contain a description of the land or interest in land being taken;

(4) name the Commission as plaintiff and the owner of the land or interest in land as defendant;

(5) be docketed by the clerk of the circuit court, unless the petition for condemnation is on file or filed simultaneously with the declaration of taking; and

(6) identify the qualified appraiser and specify the estimated fair market value of the land or interest in land being taken, as required by § 21–206(a) of this subtitle.

(c) Notice of and service on the property owner of a declaration of taking shall be accomplished in the same manner as is required for petitions for condemnation.

(d) If the Commission files the declaration of taking accompanied by the payment of the estimated fair market value required under § 21–206(a) of this subtitle, the date of filing shall be the operative date of the taking to determine:

(1) the fair market value of the land or interest in land taken; and

(2) damages, if any, caused by the taking.
Md. Code, Health - General § 21-220 — MD Code / Article ghg / Title 21 / Subtitle 2 / Section 21-220
§21–220.
Status: in_force

(a) A drug that is intended for use by human beings and is in any of the following classifications may be dispensed by a pharmacist only on a written prescription, an electronic prescription, as defined in § 5–101 of the Criminal Law Article, or an oral prescription from a health practitioner authorized by law to prescribe the drug:

(1) A habit–forming drug to which § 21–218(b)(1) of this subtitle applies.

(2) A drug that because of its toxicity or other potentiality for harmful effect, the method of its use, or the collateral measures necessary to its use, is not safe for use except under the supervision of a health practitioner who is authorized by law to administer such a drug.

(3) A drug that is limited by an approved application under § 355 of the federal act or § 21–223 of this subtitle to use under the professional supervision of a health practitioner authorized by law to administer such a drug.

(b) (1) Subject to paragraph (2) of this subsection and subsection (c) of this section, a prescription may be written or oral or made through an electronic prescription.

(2) A pharmacist may not dispense a drug on an oral prescription unless the pharmacist promptly writes out and files the prescription.

(c) (1) Except as provided in paragraph (2) of this subsection, a health practitioner authorized by law to prescribe a controlled dangerous substance within the meaning of Title 5 of the Criminal Law Article shall issue a prescription for a controlled dangerous substance using an electronic prescription, as defined in § 5–101 of the Criminal Law Article.

(2) A health practitioner may issue a written or, if authorized by State and federal law, oral prescription for a controlled dangerous substance only if:

(i) Electronic prescribing is not available due to temporary technological or electrical failure;

(ii) The prescription is to be dispensed by a pharmacy located outside the State;

(iii) The prescription is issued by a health practitioner outside the State;

(iv) The health practitioner is prescribing and dispensing the controlled dangerous substance directly to the patient;

(v) The prescription is being dispensed directly to the patient in accordance with § 12–102(c)(2)(iv) of the Health Occupations Article;

(vi) The prescription is for an individual who:

1. Resides in a nursing or assisted living facility;

2. Is receiving care through a hospice or palliative care program and the prescription is related to the care provided;

3. Is receiving care at an outpatient renal dialysis facility and the prescription is related to the care provided; or

4. Is detained or confined in a correctional facility, as defined in § 1–101 of the Correctional Services Article;

(vii) The prescription is issued by a licensed veterinarian;

(viii) The prescription includes elements that are not supported by the most recent version of the National Council for Prescription Drug Programs Prescriber/Pharmacist Interface SCRIPT Standard;

(ix) The prescription is issued for a drug for which the federal Food and Drug Administration requires the prescription to contain certain elements that cannot be transmitted electronically;

(x) The prescription prescribes a drug under a research protocol;

(xi) The prescription is issued by a health practitioner who has received a waiver under subsection (d)(1) of this section;

(xii) The prescription is issued by a health practitioner who requested a waiver under subsection (d)(1) of this section and the Department has not issued a waiver to the practitioner or has not rejected the practitioner’s request for a waiver;

(xiii) The health practitioner issuing the prescription or the drug for which the prescription is issued falls under a waiver issued by the Secretary under subsection (d)(2) of this section;

(xiv) The prescription is issued by a health practitioner who writes a low volume of prescriptions for controlled dangerous substances, as determined by the Maryland Health Care Commission; or

(xv) The prescription is issued by a health practitioner under circumstances in which, although the practitioner has the ability to issue an electronic prescription as required by paragraph (1) of this subsection, the health practitioner reasonably determines that:

1. It would be impracticable for the practitioner to prescribe the drug or device by electronic prescription in a timely manner; and

2. The delay would adversely impact the patient’s medical condition.

(3) This subsection may not be construed to limit the right of a patient to designate a specific pharmacy to dispense a prescribed drug or device to the individual.

(d) (1) The Secretary shall adopt regulations, in collaboration with the Maryland Health Care Commission, to establish a process for the Department to issue a waiver from the electronic prescription requirements in subsection (c)(1) of this section.

(2) (i) The Secretary may issue a waiver that applies generally to a group of health practitioners or drugs that meet conditions specified by the Secretary.

(ii) Any waiver issued under subparagraph (i) of this paragraph for a group of health practitioners shall apply to a health practitioner in that group without requiring the health practitioner to go through the process established in regulations under paragraph (1) of this subsection.

(3) Except for a waiver issued under paragraph (2) of this subsection, the regulations adopted under paragraph (1) of this subsection shall specify that a waiver:

(i) May not exceed 1 year; and

(ii) May be granted for the following reasons:

1. Economic hardship;

2. Technological limitations that are not reasonably within the control of the health practitioner; or

3. Any other exceptional circumstances as demonstrated by the health practitioner.

(4) The Secretary may adopt regulations on:

(i) Which temporary technological or electrical failures constitute an exception to the requirement to issue an electronic prescription under subsection (c)(1) of this section; and

(ii) The circumstances under which a health practitioner is exempt from the requirement to issue an electronic prescription under subsection (c)(1) of this section because the prescription will be dispensed by a pharmacy located outside the State.

(e) The appropriate health occupations board established under the Health Occupations Article may take disciplinary action against a health practitioner who violates subsection (c) of this section.

(f) (1) A pharmacist may dispense a drug on a written or oral prescription for a controlled dangerous substance that meets the requirements of this section.

(2) A pharmacist who receives a written or oral prescription is not required to verify that the prescription is an authorized exception to the electronic prescription requirement under subsection (c)(2) of this section.

(g) (1) If a prescription for a controlled dangerous substance within the meaning of Title 5 of the Criminal Law Article is written, it may not be written on a preprinted prescription form that states the name, quantity, or strength of the controlled dangerous substance.

(2) When a prescription is written, a separate prescription form is required for each controlled dangerous substance. If a pharmacist is otherwise satisfied that a prescription is valid the pharmacist may fill the prescription if the pharmacist promptly writes out and files a prescription for each substance and also files the original prescription.

(3) A written prescription shall be legible.

(h) A pharmacist may not refill and dispense a prescription unless the refilling is authorized by:

(1) The health practitioner’s specification in the original prescription as to how many times it may be refilled; or

(2) An oral order of the health practitioner that promptly is written out and filed by the pharmacist.

(i) The dispensing of a drug without complying with the requirements of this section is the dispensing of a misbranded drug.

(j) (1) A drug that is subject to the prescription requirements of this section is misbranded if, at any time before it is dispensed, its label does not bear the statement “Caution: Federal Law Prohibits Dispensing Without Prescription”, or “Caution: State Law Prohibits Dispensing Without Prescription”.

(2) A drug to which the prescription requirements of this section do not apply is misbranded if, at any time before it is dispensed, its label bears the caution statement quoted in paragraph (1) of this subsection.

(k) (1) The prescription requirements of this section do not apply to any drug that is exempted under a rule or regulation adopted by the Secretary.

(2) The Secretary, by rule or regulation, may exempt any drug from the requirements of this section if the Secretary finds that, as to the drug, the requirements of this section are not necessary for the protection of the public health.

(3) The Secretary, by rule and regulation, may exempt from the requirements of this section any drug that is removed from the prescription requirements of the federal act by a rule or regulation adopted under that act.
Md. Code, Transportation § 21-902.1 — MD Code / Article gtr / Title 21 / Subtitle 9 / Section 21-902.1
§21–902.
Status: in_force

§21–902.1.

(a) In this section, “arrestee” means a person who has been arrested for a violation of § 21–902 of this subtitle or Title 2, Subtitle 5 or § 3–211 of the Criminal Law Article.

(b) An arrestee may not drive a motor vehicle within 12 hours after the arrestee’s arrest for a violation of § 21–902 of this subtitle or Title 2, Subtitle 5 or § 3–211 of the Criminal Law Article.

(c) A person convicted of a violation of this section is subject to imprisonment not exceeding 2 months or a fine not exceeding $500 or both.
Md. Code, Education § 21-207 — MD Code / Article ged / Title 21 / Subtitle 2 / Section 21-207
§21–207.
Status: in_force

The Department, the Interagency Commission on School Construction, and the Maryland Stadium Authority shall collaborate with local school systems and community colleges to develop a career and technical education program or an apprenticeship pathway in school building maintenance that leads to an industry recognized certificate or credential.
Md. Code, Alcoholic Beverages and Cannabis § 21-2001 — MD Code / Article gab / Title 21 / Subtitle 20 / Section 21-2001
§21–2001.
Status: in_force

(a) (1) Unless otherwise provided in this title, from 2 a.m. to 6 a.m. on any day, an individual may not consume alcoholic beverages in a premises licensed under this title.

(2) An owner, an operator, or a manager of a premises licensed under this title may not knowingly allow consumption prohibited under paragraph (1) of this subsection.

(b) A person who violates this section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $50.
Md. Code, Transportation § 21-1207.2 — MD Code / Article gtr / Title 21 / Subtitle 12 / Section 21-1207.2
§21–1207.
Status: in_force

§21–1207.2.

(a) An individual under the age of 16 years may not ride on a scooter or on in–line skates on any highway, bicycle way, sidewalk, or other property open to the public or used by the public for pedestrian or vehicular traffic, unless the individual is wearing a helmet that meets or exceeds the standards of the American National Standards Institute, the Snell Memorial Foundation, or the American Society for Testing and Materials for protective headgear for use in bicycling or in–line skating.

(b) This section shall be enforced by the issuance of a warning that informs the offender of the requirements of this section and provides educational materials about helmet use.
Md. Code, Health - General § 21-2B-04 — MD Code / Article ghg / Title 21 / Subtitle 2B / Section 21-2B-04
§21–2B–04.
Status: in_force

(a) An official, employee, or agent of the State may not block or attempt to block an eligible patient’s access to an individualized investigational treatment.

(b) This section does not prohibit a licensed health care provider from providing counsel, advice, or a recommendation that is consistent with medical standards of care.
Md. Code, State Government § 21-105 — MD Code / Article gsg / Title 21 / Subtitle 1 / Section 21-105
§21–105.
Status: in_force

(a) The Secretary is responsible for the budget of the office of the Secretary and the budget for each unit in the Department.

(b) The Secretary may adopt rules and regulations in carrying out the provisions of law that are within the jurisdiction of the Department.

(c) The Secretary may create any advisory council that the Secretary considers necessary and assign appropriate functions to it.

(d) The Secretary shall have a seal.

(e) (1) The Secretary is responsible for the coordination and direction of all planning that the office of the Secretary initiates.

(2) The Secretary shall keep fully apprised of plans, proposals, and projects of each unit in the Department and, except as expressly provided otherwise, may approve, disapprove, or modify any of them.

(f) Each unit in the Department shall report to the Secretary as provided in the rules, regulations, or written directives that the Secretary adopts.

(g) The Secretary may apply for, receive, and spend grants–in–aid by the federal government or any of its agencies or any other federal funds made available to the Department for use in carrying out the powers and duties of the Secretary or the Department.

(h) Except as otherwise provided by law and §§ 21–205(g) and 21–206(e) of this title, the Secretary shall pay all money collected by the Department under this title into the General Fund of the State.

(i) The Secretary shall carry out and enforce the provisions of this title, the rules and regulations of the Department, and any other provisions of law that relate to the Secretary or the Department.
Md. Code, Health - General § 21-403 — MD Code / Article ghg / Title 21 / Subtitle 4 / Section 21-403
§21–403.
Status: in_force

This subtitle applies only to milk products that are intended for sale for immediate or eventual human consumption.
Md. Code, Transportation § 21-809 — MD Code / Article gtr / Title 21 / Subtitle 8 / Section 21-809
§21–809.
Status: reserved

§21–809. IN EFFECT

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

(2) “Agency” means:

(i) A law enforcement agency of 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 implement this subtitle using speed monitoring systems in accordance with this section;

(iii) For speed monitoring systems placed and used on Interstate 83 in Baltimore County or Interstate 695 in Baltimore County, the State Highway Administration; or

(iv) For speed monitoring systems placed and used on Maryland Route 200 (Intercounty Connector), the Maryland Transportation Authority.

(3) (i) “Erroneous violation” means a potential violation submitted by a speed monitoring system contractor for review by an agency that is apparently inaccurate based on a technical variable that is under the control of the contractor.

(ii) “Erroneous violation” includes a potential violation based on:

1. A recorded image of a registration plate that does not match the registration plate issued for the motor vehicle in the recorded image;

2. A recorded image that shows a stopped vehicle or no progression;

3. An incorrectly measured speed for a motor vehicle;

4. A measured speed of a motor vehicle that is below the threshold speed that would subject the owner to a civil citation under this section;

5. A recorded image that was taken outside of the hours and days that speed monitoring systems are authorized for use in school zones; and

6. A recorded image that was taken by a speed monitoring system with an expired calibration certificate.

(4) (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 rental or leasing company; or

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

(5) “Program administrator” means an employee or a representative of the local jurisdiction, the State Highway Administration, or the Maryland Transportation Authority designated by the local jurisdiction, the State Highway Administration, or the Authority to oversee a contract with a speed monitoring system contractor.

(6) “Reasonable training” means a level of education, instruction, and practical experience sufficient to ensure competency in the inspection and interpretation of the recorded images generated by the speed monitoring system.

(7) “Recorded image” means an image recorded by a speed monitoring system:

(i) On:

1. A photograph;

2. A microphotograph;

3. An electronic image;

4. Videotape; or

5. Any other medium; and

(ii) Showing:

1. The rear of a motor vehicle;

2. At least two time–stamped images of the motor vehicle that include the same stationary object near the motor vehicle; and

3. On at least one image or portion of tape, a clear and legible identification of the entire registration plate number of the motor vehicle.

(8) “School zone” means a designated roadway segment within up to a half–mile radius of a school for any of grades kindergarten through grade 12 where school–related activity occurs, including:

(i) Travel by students to or from school on foot or by bicycle; or

(ii) The dropping off or picking up of students by school buses or other vehicles.

(9) “Speed monitoring system” means a device with one or more motor vehicle sensors producing recorded images of motor vehicles traveling at speeds at least 12 miles per hour above the posted speed limit.

(10) “Speed monitoring system operator” means a representative of an agency or contractor that operates a speed monitoring system.

(b) (1) (i) 1. A speed monitoring system may not be used by a local jurisdiction under this section unless its use is authorized by the governing body of the local jurisdiction by local law enacted after reasonable notice and a public hearing.

2. The State Highway Administration may use speed monitoring systems on Interstate 83 in Baltimore County and Interstate 695 in Baltimore County in accordance with this section.

3. The Maryland Transportation Authority may use speed monitoring systems on Maryland Route 200 (Intercounty Connector) in accordance with this section.

(ii) Before a county may use a speed monitoring system on a State highway at a location within a municipal corporation, the county shall:

1. Obtain the approval of the State Highway Administration;

2. Notify the municipal corporation of the State Highway Administration’s approval of the use of a speed monitoring system at that location; and

3. Grant the municipal corporation 60 days from the date of the county’s notice to the municipal corporation to enact an ordinance authorizing the municipal corporation instead of the county to use a speed monitoring system at that location.

(iii) 1. This subparagraph applies only in Prince George’s County.

2. In the county, a municipal corporation may implement and use a speed monitoring system consistent with the requirements of this subsection on a county highway at a location within its corporate limits if the municipal corporation:

A. Submits to the county a plan describing the boundary of the applicable school zone and the proposed location of the speed monitoring system; and

B. Requests and receives permission from the county to use the speed monitoring system at the proposed location.

3. If the county fails to respond to the request within 60 days, the municipal corporation may implement and use the speed monitoring system as described in the plan submission.

4. The county may not:

A. Unreasonably deny a request under this subparagraph; or

B. Place exactions, fees, or unreasonable restrictions on the implementation and use of a speed monitoring system under this subparagraph.

5. The county shall state in writing the reasons for any denial of a request under this subparagraph.

6. A municipal corporation may contest in the circuit court a county denial of a request under this subparagraph.

(iv) In Prince George’s County, if a municipal corporation has established a school zone that is within one–quarter mile of a school zone established in another municipal corporation, the municipal corporation may not implement or use a speed monitoring system in that school zone unless it has obtained the approval of the other municipal corporation.

(v) An ordinance or resolution adopted by the governing body of a local jurisdiction under this paragraph shall provide that, if the local jurisdiction moves or places a mobile or stationary speed monitoring system to or at a location where a speed monitoring system had not previously been moved or placed, the local jurisdiction may not issue a citation for a violation recorded by that speed monitoring system:

1. Until signage is installed in accordance with subparagraph (viii) of this paragraph; and

2. For at least the first 15 calendar days after the signage is installed.

(vi) This section applies to a violation of this subtitle recorded by a speed monitoring system that meets the requirements of this subsection and has been placed:

1. In Anne Arundel County, Montgomery County, or Prince George’s County, on a highway in a residential district, as defined in § 21–101 of this title, with a maximum posted speed limit of 35 miles per hour, which speed limit was established using generally accepted traffic engineering practices;

2. In a school zone with a posted speed limit of at least 20 miles per hour;

3. In Prince George’s County:

A. Subject to subparagraph (vii)1 of this paragraph, on Maryland Route 210 (Indian Head Highway); or

B. On that part of a highway located within the grounds of an institution of higher education as defined in § 10–101(h) of the Education Article, or within one–half mile of the grounds of a building or property used by the institution of higher education where generally accepted traffic and engineering practices indicate that motor vehicle, pedestrian, or bicycle traffic is substantially generated or influenced by the institution of higher education;

4. Subject to subparagraph (vii)2 of this paragraph, on Interstate 83 in Baltimore City;

5. In Anne Arundel County, on Maryland Route 175 (Jessup Road) between the Maryland Route 175/295 interchange and the Anne Arundel County–Howard County line;

6. Subject to subparagraph (vii)3 of this paragraph, at the intersection of Maryland Route 333 (Oxford Road) and Bonfield Avenue in Talbot County;

7. Subject to subparagraph (vii)4 of this paragraph, by the State Highway Administration on Interstate 83 in Baltimore County or on Interstate 695 in Baltimore County;

8. By the Maryland Transportation Authority on Maryland Route 200 (Intercounty Connector) in Montgomery County; or

9. Subject to subparagraph (xii) of this paragraph, in Montgomery County on a highway identified in the municipality’s, county’s, or State’s most recent Strategic Highway Safety Plan or Vision Zero Plan as a highway that is at high risk for motor vehicle crashes that result in serious bodily injury or death.

(vii) 1. Not more than six mobile or stationary speed monitoring systems may be placed on Maryland Route 210 (Indian Head Highway).

2. A. Subject to subsubsubparagraph B of this subsubparagraph, not more than four speed monitoring systems may be placed on Interstate 83 in Baltimore City.

B. Not more than one speed monitoring system in each direction may be in operation at the same time on Interstate 83 in Baltimore City.

3. Not more than one speed monitoring system may be placed at the intersection of Maryland Route 333 (Oxford Road) and Bonfield Avenue in Talbot County.

4. The State Highway Administration:

A. May place and use a speed monitoring system on Interstate 83 in Baltimore County or Interstate 695 in Baltimore County under this section only at a location it identifies as being at high risk for motor vehicle crashes that result in death or serious bodily injury;

B. I. May not place or use more than three speed monitoring systems in each direction on Interstate 83 in Baltimore County; and

II. May not place or use more than four speed monitoring systems in each direction on Interstate 695 in Baltimore County; and

C. May not place or use a speed monitoring system authorized under this section within 5 miles of another speed monitoring system authorized under this section operating in the same direction.

(viii) Before activating a speed monitoring system, the local jurisdiction, the State Highway Administration, or the Maryland Transportation Authority, as appropriate, shall:

1. Publish notice of the location of the speed monitoring system on its website and in a newspaper of general circulation in the jurisdiction;

2. Ensure that each sign that designates a school zone is proximate to a sign that:

A. Indicates that speed monitoring systems are in use in the school zone; and

B. Is in accordance with the manual for and the specifications for a uniform system of traffic control devices adopted by the State Highway Administration under § 25–104 of this article;

3. With regard to a speed monitoring system established on Maryland Route 210 (Indian Head Highway) in Prince George’s County, based on proximity to an institution of higher education under subparagraph (vi)3 of this paragraph, on Interstate 83 in Baltimore City, in Anne Arundel County on Maryland Route 175 (Jessup Road) between the Maryland Route 175/295 interchange and the Anne Arundel County–Howard County line, at the intersection of Maryland Route 333 (Oxford Road) and Bonfield Avenue in Talbot County, on Interstate 83 in Baltimore County or Interstate 695 in Baltimore County, or on Maryland Route 200 (Intercounty Connector) in Montgomery County, ensure that all speed limit signs approaching and within the segment of highway on which the speed monitoring system is located include signs that:

A. Are in accordance with the manual and specifications for a uniform system of traffic control devices adopted by the State Highway Administration under § 25–104 of this article; and

B. Indicate that a speed monitoring system is in use; and

4. With regard to a speed monitoring system placed on Maryland Route 210 (Indian Head Highway) in Prince George’s County, Interstate 83 in Baltimore City, in Anne Arundel County on Maryland Route 175 (Jessup Road) between the Maryland Route 175/295 interchange and the Anne Arundel County–Howard County line, at the intersection of Maryland Route 333 (Oxford Road) and Bonfield Avenue in Talbot County, on Interstate 83 in Baltimore County or Interstate 695 in Baltimore County, or on Maryland Route 200 (Intercounty Connector) in Montgomery County, ensure that each sign that indicates that a speed monitoring system is in use is proximate to a device that displays a real–time posting of the speed at which a driver is traveling.

(ix) A speed monitoring system in a school zone may operate only Monday through Friday between 6:00 a.m. and 8:00 p.m.

(x) 1. A local jurisdiction that authorizes a program of speed monitoring systems, the State Highway Administration, or the Maryland Transportation Authority, as appropriate, shall designate an official or employee to investigate and respond to questions or concerns about the local jurisdiction’s, the State Highway Administration’s, or the Authority’s speed monitoring system program.

2. A. The designee shall review a citation generated by a speed monitoring system if the person who received the citation requests review before the deadline for contesting liability under this section.

B. If the designee determines that the citation is an erroneous violation, the designee shall void the citation.

C. If the designee determines that a person did not receive notice of a citation issued under this section due to an administrative error, the designee may resend the citation in accordance with subsection (d) of this section or void the citation.

D. A designee that takes any action described under subsubsubparagraph C of this subsubparagraph shall notify the Administration of the action for the purpose of rescinding any administrative penalties imposed under subsection (g) of this section.

E. A designee may not determine that a citation is an erroneous violation based solely on the dismissal of the citation by a court.

3. A designee may not be employed by a speed monitoring system contractor or have been involved in any review of a speed monitoring system citation, other than review of a citation under this subparagraph.

4. On receipt of a written question or concern from a person, the designee shall provide a written answer or response to the person within a reasonable time.

5. A local jurisdiction, the State Highway Administration, or the Maryland Transportation Authority, as appropriate, shall make any written questions or concerns received under this subparagraph and any subsequent written answers or responses available for public inspection.

(xi) A local jurisdiction may not use a speed monitoring system to enforce speed limits on any portion of a highway for which the speed limit has been decreased without performing an engineering and traffic investigation.

(xii) Neither Montgomery County nor a municipal government in Montgomery County may place, have placed, or use a speed monitoring system to enforce speed limits in accordance with this section on a controlled access highway, an expressway, or an interstate highway in the county.

(2) (i) A speed monitoring system operator shall complete training by a manufacturer of speed monitoring systems in the procedures for setting up and operating the speed monitoring system.

(ii) The manufacturer shall issue a signed certificate to the speed monitoring system operator on completion of the training.

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

(3) A speed monitoring system operator shall fill out and sign a daily set–up log for a speed monitoring system that:

(i) States that the speed monitoring system operator successfully performed or reviewed and evaluated the manufacturer–specified daily self–test of the speed monitoring system prior to producing a recorded image;

(ii) Shall be kept on file; and

(iii) Shall be admitted as evidence in any court proceeding for a violation of this section.

(4) (i) A speed monitoring system shall undergo an annual calibration check performed by an independent calibration laboratory that is:

1. Selected by the local jurisdiction, the State Highway Administration, or the Maryland Transportation Authority, as appropriate; and

2. Unaffiliated with the manufacturer of the speed monitoring system.

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

1. Shall be kept on file; and

2. Shall be admitted as evidence in any court proceeding for a violation of this section.

(5) If a local jurisdiction, the State Highway Administration, or the Maryland Transportation Authority authorizes a program of speed monitoring systems under this section:

(i) The local jurisdiction, the State Highway Administration, or the Maryland Transportation Authority shall designate a program administrator who may not be an employee or representative of the speed monitoring system contractor; and

(ii) The contract with the speed monitoring system contractor shall include the following provisions:

1. For potential violations submitted by a contractor for review by an agency, if more than 5% of the violations in a calendar year are erroneous violations, then the contractor shall be subject to liquidated damages for each erroneous violation equal to at least 50% of the fine amount for the erroneous violation, plus any reimbursements paid by the local jurisdiction, the State Highway Administration, or the Maryland Transportation Authority; and

2. The local jurisdiction, the State Highway Administration, or the Maryland Transportation Authority may cancel a contract with a contractor if the contractor violates the contract by submitting erroneous violations to the agency that exceed a threshold specified in the contract or violates the law in implementing the contract.

(6) (i) The Maryland Police Training and Standards Commission, in consultation with the State Highway Administration and other interested stakeholders, shall develop a training program concerning the oversight and administration of a speed monitoring program by a local jurisdiction, the State Highway Administration, or the Maryland Transportation Authority, including a curriculum of best practices in the State.

(ii) 1. A program administrator shall participate in the training program established under this paragraph before a local jurisdiction, the State Highway Administration, or the Maryland Transportation Authority initially implements a new speed monitoring program and subsequently at least once every 2 years.

2. A program administrator for a program in existence on June 1, 2014, shall initially participate in the training program on or before December 31, 2014, and subsequently at least once every 2 years.

3. If a local jurisdiction, the State Highway Administration, or the Maryland Transportation Authority designates a new program administrator, the new program administrator shall participate in the next available training program.

(c) (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 (f)(4) of this section, the driver of a motor vehicle is subject to a civil penalty if the motor vehicle is recorded by a speed monitoring system while being operated in violation of this subtitle.

(2) (i) Except as provided in subparagraphs (ii) and (iii) of this paragraph, a civil penalty under this subsection may not exceed:

1. If the citation alleges that the driver of the motor vehicle exceeded the speed limit by between 12 and 15, inclusive, miles per hour, $40;

2. If the citation alleges that the driver of the motor vehicle exceeded the speed limit by between 16 and 19, inclusive, miles per hour, $70;

3. If the citation alleges that the driver of the motor vehicle exceeded the speed limit by between 20 and 29, inclusive, miles per hour, $120;

4. If the citation alleges that the driver of the motor vehicle exceeded the speed limit by between 30 and 39, inclusive, miles per hour, $230; and

5. If the citation alleges that the driver of the motor vehicle exceeded the speed limit by 40 miles per hour or more, $425.

(ii) A civil penalty under this paragraph for a violation recorded on Interstate 83 in Baltimore County or Interstate 695 in Baltimore County may not exceed $40.

(iii) 1. This paragraph applies to a civil penalty assessed to the owner or driver of a motor vehicle that is recorded by a speed monitoring system while being operated on Maryland Route 210 (Piscataway Highway) in Prince George’s County in violation of this subtitle.

2. The maximum civil penalty under this subparagraph is as follows:

A. For exceeding the maximum posted speed limit by between 12 and 15, inclusive, miles per hour, $40;

B. For exceeding the maximum posted speed limit by between 16 and 19, inclusive, miles per hour, $70;

C. For exceeding the maximum posted speed limit by between 20 and 29, inclusive, miles per hour, $120;

D. For exceeding the maximum posted speed limit by between 30 and 39, inclusive, miles per hour, $230; or

E. For exceeding the maximum posted speed limit by 40 miles per hour or more, $425.

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

(i) A uniform citation form consistent with subsection (d)(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.

(d) (1) Subject to the provisions of paragraphs (2) through (4) of this subsection, an agency shall mail to an owner liable under subsection (c) 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) The location where the violation occurred;

(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 should be paid;

(viii) A signed statement by a duly authorized law enforcement officer or a technician employed by or under contract with an agency that, based on inspection of recorded images, the motor vehicle was being operated in violation of this subtitle;

(ix) A statement that recorded images are evidence of a violation of this subtitle;

(x) Information advising the person alleged to be liable under this section of the manner and time in which liability as alleged in the citation may be contested in the District Court; and

(xi) Information advising the person alleged to be liable under this section that failure to pay the civil penalty or to contest liability in a timely manner:

1. Is an admission of liability;

2. May result in the refusal by the Administration to register the motor vehicle; and

3. May result in the suspension of the motor vehicle registration.

(2) (i) Except as provided in subparagraphs (ii) and (iii) of this paragraph, an agency may mail a warning notice instead of a citation to the owner liable under subsection (c) of this section.

(ii) With regard to a speed monitoring system established on Interstate 83 in Baltimore City, an agency shall mail a warning notice instead of a citation for a violation recorded by the speed monitoring system during the first 90 days that the speed monitoring system is in operation.

(iii) With regard to a speed monitoring system established on Interstate 83 in Baltimore County or Interstate 695 in Baltimore County, the State Highway Administration shall mail a warning notice instead of a citation for a violation recorded by the speed monitoring system during the first 30 days that the speed monitoring system is in operation.

(3) Except as provided in subsection (f)(4) of this section, an agency may not mail a citation to a person who is not an owner.

(4) Except as provided in subsections (b)(1)(x) and (f)(4) of this section, a citation issued under this section shall be mailed no later than 2 weeks after the alleged violation if the vehicle is registered in this State, and 30 days after the alleged violation if the vehicle is registered in another state.

(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 political subdivision, the District Court, or the Maryland Transportation Authority, as appropriate; or

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

(6) To mail the citation or warning notice, an agency 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.

(e) (1) (i) A certificate alleging that the violation of this subtitle occurred and the requirements under subsection (b) of this section have been satisfied, sworn to, or affirmed by a duly authorized law enforcement officer or a technician employed by or under contract with an agency, based on inspection of recorded images produced by a speed monitoring system, shall be evidence of the facts contained in the certificate and shall be admissible in a proceeding alleging a violation under this section without the presence or testimony of the speed monitoring system operator who performed the requirements under subsection (b) of this section.

(ii) A duly authorized law enforcement officer or a technician employed by or under contract with an agency shall complete reasonable training specific to the speed monitoring system before certifying any certificates of violation.

(2) If a person who received a citation under subsection (d) of this section desires the speed monitoring system operator to be present and testify at trial, the person shall notify the court and the State in writing no later than 20 days before trial.

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

(f) (1) The District Court may consider in defense of a violation:

(i) Subject to paragraph (2) of this subsection, that the motor vehicle or the registration plates of the motor vehicle were stolen before the violation occurred and were not under the control or 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 pertinent.

(2) To demonstrate that the motor vehicle or the registration plates were stolen before the violation occurred and were not under the control or possession of the owner at the time of the violation, the owner shall submit proof that a police report regarding 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 a letter, sworn to or affirmed by the person and mailed by certified mail, return receipt requested, that:

(i) States that the person named in the citation was not operating the vehicle at the time of the violation; and

(ii) Includes any other corroborating evidence.

(4) (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 (3) 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 issuing the citation a copy of any evidence substantiating who was operating the vehicle at the time of the violation.

(ii) On receipt of substantiating evidence from the District Court under subparagraph (i) of this paragraph, an agency may issue a citation as provided in subsection (d) of this section to the person who 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 no later than 2 weeks after receipt of the evidence from the District Court.

(g) If a person liable under this section does not pay the civil penalty or contest the violation, the Administration may refuse to register or reregister the motor vehicle cited for the violation.

(h) 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;

(2) May not be recorded by the Administration on the driving record of the owner or driver of the vehicle;

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

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

(i) (1) In consultation with the appropriate local government agencies, the State Highway Administration, and the Maryland Transportation Authority, the Chief Judge of the District Court shall adopt procedures for the issuance of citations, the trial of civil violations, and the collection of civil penalties 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.

(j) (1) An agency or an agent or 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 in any manner operates a speed monitoring system or administers or processes citations generated by a speed monitoring system on behalf of a local jurisdiction, the State Highway Administration, or the Maryland Transportation Authority, the contractor’s fee may not be contingent on a per–ticket basis on the number of citations issued or paid.

(k) (1) On or before December 31 of each year, the Maryland Police Training and Standards Commission shall:

(i) Compile and make publicly available a report for the previous fiscal year on each speed monitoring system program operated by a local jurisdiction, the State Highway Administration, or the Maryland Transportation Authority under this section; and

(ii) Submit the report to the Governor and, in accordance with § 2–1257 of the State Government Article, the General Assembly.

(2) The report shall include:

(i) The total number of citations issued;

(ii) The number of citations issued and the number voided as erroneous violations for each camera;

(iii) The gross revenue generated by the program;

(iv) The expenditures incurred by the program;

(v) The net revenue generated by the program;

(vi) The total amount of any payments made to a contractor under the program;

(vii) A description of how the net revenue generated by the program was used;

(viii) The number of employees of the local jurisdiction, the State Highway Administration, or the Maryland Transportation Authority, as appropriate, involved in the program;

(ix) The type of speed monitoring system used by the local jurisdiction, the State Highway Administration, or the Maryland Transportation Authority;

(x) The locations at which each speed monitoring system was used in the local jurisdiction, on Interstate 83 in Baltimore County or Interstate 695 in Baltimore County, or on Maryland Route 200 (Intercounty Connector);

(xi) The activation start and stop dates of each speed monitoring system for each location at which it was used; and

(xii) The number of citations issued by each speed monitoring system at each location.

(3) Each local jurisdiction with a speed monitoring system program, the State Highway Administration, or the Maryland Transportation Authority shall submit the information required under paragraph (2) of this subsection to the Commission by October 31 of each year and assist the Commission in the preparation of the annual report.

(l) On or before October 1, 2030, and on or before October 1 every 5 years thereafter, Montgomery County or a municipality in Montgomery County shall evaluate each speed monitoring system used in accordance with subsection (b)(1)(vi)8 of this section for its effectiveness in reducing the motor vehicle speed at or below which 85% of the drivers travel at the location of the speed monitoring system.

§21–809. // EFFECTIVE SEPTEMBER 30, 2026 PER CHAPTER 642 OF 2021 //

// EFFECTIVE UNTIL SEPTEMBER 30, 2028 PER CHAPTERS 606 AND 610 OF 2023 //

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

(2) “Agency” means:

(i) A law enforcement agency of 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 implement this subtitle using speed monitoring systems in accordance with this section;

(iii) For speed monitoring systems placed and used on Interstate 83 in Baltimore County or Interstate 695 in Baltimore County, the State Highway Administration; or

(iv) For speed monitoring systems placed and used on Maryland Route 200 (Intercounty Connector), the Maryland Transportation Authority.

(3) (i) “Erroneous violation” means a potential violation submitted by a speed monitoring system contractor for review by an agency that is apparently inaccurate based on a technical variable that is under the control of the contractor.

(ii) “Erroneous violation” includes a potential violation based on:

1. A recorded image of a registration plate that does not match the registration plate issued for the motor vehicle in the recorded image;

2. A recorded image that shows a stopped vehicle or no progression;

3. An incorrectly measured speed for a motor vehicle;

4. A measured speed of a motor vehicle that is below the threshold speed that would subject the owner to a civil citation under this section;

5. A recorded image that was taken outside of the hours and days that speed monitoring systems are authorized for use in school zones; and

6. A recorded image that was taken by a speed monitoring system with an expired calibration certificate.

(4) (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 rental or leasing company; or

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

(5) “Program administrator” means an employee or a representative of the local jurisdiction, the State Highway Administration, or the Maryland Transportation Authority designated by the local jurisdiction, the State Highway Administration, or the Authority to oversee a contract with a speed monitoring system contractor.

(6) “Reasonable training” means a level of education, instruction, and practical experience sufficient to ensure competency in the inspection and interpretation of the recorded images generated by the speed monitoring system.

(7) “Recorded image” means an image recorded by a speed monitoring system:

(i) On:

1. A photograph;

2. A microphotograph;

3. An electronic image;

4. Videotape; or

5. Any other medium; and

(ii) Showing:

1. The rear of a motor vehicle;

2. At least two time–stamped images of the motor vehicle that include the same stationary object near the motor vehicle; and

3. On at least one image or portion of tape, a clear and legible identification of the entire registration plate number of the motor vehicle.

(8) “School zone” means a designated roadway segment within up to a half–mile radius of a school for any of grades kindergarten through grade 12 where school–related activity occurs, including:

(i) Travel by students to or from school on foot or by bicycle; or

(ii) The dropping off or picking up of students by school buses or other vehicles.

(9) “Speed monitoring system” means a device with one or more motor vehicle sensors producing recorded images of motor vehicles traveling at speeds at least 12 miles per hour above the posted speed limit.

(10) “Speed monitoring system operator” means a representative of an agency or contractor that operates a speed monitoring system.

(b) (1) (i) 1. A speed monitoring system may not be used by a local jurisdiction under this section unless its use is authorized by the governing body of the local jurisdiction by local law enacted after reasonable notice and a public hearing.

2. The State Highway Administration may use speed monitoring systems on Interstate 83 in Baltimore County and Interstate 695 in Baltimore County in accordance with this section.

3. The Maryland Transportation Authority may use speed monitoring systems on Maryland Route 200 (Intercounty Connector) in accordance with this section.

(ii) Before a county may use a speed monitoring system on a State highway at a location within a municipal corporation, the county shall:

1. Obtain the approval of the State Highway Administration;

2. Notify the municipal corporation of the State Highway Administration’s approval of the use of a speed monitoring system at that location; and

3. Grant the municipal corporation 60 days from the date of the county’s notice to the municipal corporation to enact an ordinance authorizing the municipal corporation instead of the county to use a speed monitoring system at that location.

(iii) 1. This subparagraph applies only in Prince George’s County.

2. In the county, a municipal corporation may implement and use a speed monitoring system consistent with the requirements of this subsection on a county highway at a location within its corporate limits if the municipal corporation:

A. Submits to the county a plan describing the boundary of the applicable school zone and the proposed location of the speed monitoring system; and

B. Requests and receives permission from the county to use the speed monitoring system at the proposed location.

3. If the county fails to respond to the request within 60 days, the municipal corporation may implement and use the speed monitoring system as described in the plan submission.

4. The county may not:

A. Unreasonably deny a request under this subparagraph; or

B. Place exactions, fees, or unreasonable restrictions on the implementation and use of a speed monitoring system under this subparagraph.

5. The county shall state in writing the reasons for any denial of a request under this subparagraph.

6. A municipal corporation may contest in the circuit court a county denial of a request under this subparagraph.

(iv) In Prince George’s County, if a municipal corporation has established a school zone that is within one–quarter mile of a school zone established in another municipal corporation, the municipal corporation may not implement or use a speed monitoring system in that school zone unless it has obtained the approval of the other municipal corporation.

(v) An ordinance or resolution adopted by the governing body of a local jurisdiction under this paragraph shall provide that, if the local jurisdiction moves or places a mobile or stationary speed monitoring system to or at a location where a speed monitoring system had not previously been moved or placed, the local jurisdiction may not issue a citation for a violation recorded by that speed monitoring system:

1. Until signage is installed in accordance with subparagraph (viii) of this paragraph; and

2. For at least the first 15 calendar days after the signage is installed.

(vi) This section applies to a violation of this subtitle recorded by a speed monitoring system that meets the requirements of this subsection and has been placed:

1. In Anne Arundel County, Montgomery County, or Prince George’s County, on a highway in a residential district, as defined in § 21–101 of this title, with a maximum posted speed limit of 35 miles per hour, which speed limit was established using generally accepted traffic engineering practices;

2. In a school zone with a posted speed limit of at least 20 miles per hour;

3. In Prince George’s County:

A. Subject to subparagraph (vii)1 of this paragraph, on Maryland Route 210 (Indian Head Highway); or

B. On that part of a highway located within the grounds of an institution of higher education as defined in § 10–101(h) of the Education Article, or within one–half mile of the grounds of a building or property used by the institution of higher education where generally accepted traffic and engineering practices indicate that motor vehicle, pedestrian, or bicycle traffic is substantially generated or influenced by the institution of higher education;

4. Subject to subparagraph (vii)2 of this paragraph, on Interstate 83 in Baltimore City;

5. Subject to subparagraph (vii)3 of this paragraph, at the intersection of Maryland Route 333 (Oxford Road) and Bonfield Avenue in Talbot County;

6. Subject to subparagraph (vii)4 of this paragraph, by the State Highway Administration on Interstate 83 in Baltimore County or on Interstate 695 in Baltimore County;

7. By the Maryland Transportation Authority on Maryland Route 200 (Intercounty Connector) in Montgomery County; or

8. Subject to subparagraph (xii) of this paragraph, in Montgomery County on a highway identified in the municipality’s, county’s, or State’s most recent Strategic Highway Safety Plan or Vision Zero Plan as a highway that is at high risk for motor vehicle crashes that result in serious bodily injury or death.

(vii) 1. Not more than six mobile or stationary speed monitoring systems may be placed on Maryland Route 210 (Indian Head Highway).

2. A. Subject to subsubsubparagraph B of this subsubparagraph, not more than four speed monitoring systems may be placed on Interstate 83 in Baltimore City.

B. Not more than one speed monitoring system in each direction may be in operation at the same time on Interstate 83 in Baltimore City.

3. Not more than one speed monitoring system may be placed at the intersection of Maryland Route 333 (Oxford Road) and Bonfield Avenue in Talbot County.

4. The State Highway Administration:

A. May place and use a speed monitoring system on Interstate 83 in Baltimore County or Interstate 695 in Baltimore County under this section only at a location it identifies as being at high risk for motor vehicle crashes that result in death or serious bodily injury;

B. I. May not place or use more than three speed monitoring systems in each direction on Interstate 83 in Baltimore County; and

II. May not place or use more than four speed monitoring systems in each direction on Interstate 695 in Baltimore County; and

C. May not place or use a speed monitoring system authorized under this section within 5 miles of another speed monitoring system authorized under this section operating in the same direction.

(viii) Before activating a speed monitoring system, the local jurisdiction, the State Highway Administration, or the Maryland Transportation Authority, as appropriate, shall:

1. Publish notice of the location of the speed monitoring system on its website and in a newspaper of general circulation in the jurisdiction;

2. Ensure that each sign that designates a school zone is proximate to a sign that:

A. Indicates that speed monitoring systems are in use in the school zone; and

B. Is in accordance with the manual for and the specifications for a uniform system of traffic control devices adopted by the State Highway Administration under § 25–104 of this article;

3. With regard to a speed monitoring system established on Maryland Route 210 (Indian Head Highway) in Prince George’s County, based on proximity to an institution of higher education under subparagraph (vi)3 of this paragraph, on Interstate 83 in Baltimore City, at the intersection of Maryland Route 333 (Oxford Road) and Bonfield Avenue in Talbot County, on Interstate 83 in Baltimore County or Interstate 695 in Baltimore County, or on Maryland Route 200 (Intercounty Connector) in Montgomery County, ensure that all speed limit signs approaching and within the segment of highway on which the speed monitoring system is located include signs that:

A. Are in accordance with the manual and specifications for a uniform system of traffic control devices adopted by the State Highway Administration under § 25–104 of this article; and

B. Indicate that a speed monitoring system is in use; and

4. With regard to a speed monitoring system placed on Maryland Route 210 (Indian Head Highway) in Prince George’s County, Interstate 83 in Baltimore City, at the intersection of Maryland Route 333 (Oxford Road) and Bonfield Avenue in Talbot County, on Interstate 83 in Baltimore County or Interstate 695 in Baltimore County, or on Maryland Route 200 (Intercounty Connector) in Montgomery County, ensure that each sign that indicates that a speed monitoring system is in use is proximate to a device that displays a real–time posting of the speed at which a driver is traveling.

(ix) A speed monitoring system in a school zone may operate only Monday through Friday between 6:00 a.m. and 8:00 p.m.

(x) 1. A local jurisdiction that authorizes a program of speed monitoring systems, the State Highway Administration, or the Maryland Transportation Authority, as appropriate, shall designate an official or employee to investigate and respond to questions or concerns about the local jurisdiction’s, the State Highway Administration’s, or the Authority’s speed monitoring system program.

2. A. The designee shall review a citation generated by a speed monitoring system if the person who received the citation requests review before the deadline for contesting liability under this section.

B. If the designee determines that the citation is an erroneous violation, the designee shall void the citation.

C. If the designee determines that a person did not receive notice of a citation issued under this section due to an administrative error, the designee may resend the citation in accordance with subsection (d) of this section or void the citation.

D. A designee that takes any action described under subsubsubparagraph C of this subsubparagraph shall notify the Administration of the action for the purpose of rescinding any administrative penalties imposed under subsection (g) of this section.

E. A designee may not determine that a citation is an erroneous violation based solely on the dismissal of the citation by a court.

3. A designee may not be employed by a speed monitoring system contractor or have been involved in any review of a speed monitoring system citation, other than review of a citation under this subparagraph.

4. On receipt of a written question or concern from a person, the designee shall provide a written answer or response to the person within a reasonable time.

5. A local jurisdiction, the State Highway Administration, or the Maryland Transportation Authority, as appropriate, shall make any written questions or concerns received under this subparagraph and any subsequent written answers or responses available for public inspection.

(xi) A local jurisdiction may not use a speed monitoring system to enforce speed limits on any portion of a highway for which the speed limit has been decreased without performing an engineering and traffic investigation.

(xii) Neither Montgomery County nor a municipal government in Montgomery County may place, have placed, or use a speed monitoring system to enforce speed limits in accordance with this section on a controlled access highway, an expressway, or an interstate highway in the county.

(2) (i) A speed monitoring system operator shall complete training by a manufacturer of speed monitoring systems in the procedures for setting up and operating the speed monitoring system.

(ii) The manufacturer shall issue a signed certificate to the speed monitoring system operator on completion of the training.

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

(3) A speed monitoring system operator shall fill out and sign a daily set–up log for a speed monitoring system that:

(i) States that the speed monitoring system operator successfully performed or reviewed and evaluated the manufacturer–specified daily self–test of the speed monitoring system prior to producing a recorded image;

(ii) Shall be kept on file; and

(iii) Shall be admitted as evidence in any court proceeding for a violation of this section.

(4) (i) A speed monitoring system shall undergo an annual calibration check performed by an independent calibration laboratory that is:

1. Selected by the local jurisdiction, the State Highway Administration, or the Maryland Transportation Authority, as appropriate; and

2. Unaffiliated with the manufacturer of the speed monitoring system.

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

1. Shall be kept on file; and

2. Shall be admitted as evidence in any court proceeding for a violation of this section.

(5) If a local jurisdiction, the State Highway Administration, or the Maryland Transportation Authority authorizes a program of speed monitoring systems under this section:

(i) The local jurisdiction, the State Highway Administration, or the Maryland Transportation Authority shall designate a program administrator who may not be an employee or representative of the speed monitoring system contractor; and

(ii) The contract with the speed monitoring system contractor shall include the following provisions:

1. For potential violations submitted by a contractor for review by an agency, if more than 5% of the violations in a calendar year are erroneous violations, then the contractor shall be subject to liquidated damages for each erroneous violation equal to at least 50% of the fine amount for the erroneous violation, plus any reimbursements paid by the local jurisdiction, the State Highway Administration, or the Maryland Transportation Authority; and

2. The local jurisdiction, the State Highway Administration, or the Maryland Transportation Authority may cancel a contract with a contractor if the contractor violates the contract by submitting erroneous violations to the agency that exceed a threshold specified in the contract or violates the law in implementing the contract.

(6) (i) The Maryland Police Training and Standards Commission, in consultation with the State Highway Administration and other interested stakeholders, shall develop a training program concerning the oversight and administration of a speed monitoring program by a local jurisdiction, the State Highway Administration, or the Maryland Transportation Authority, including a curriculum of best practices in the State.

(ii) 1. A program administrator shall participate in the training program established under this paragraph before a local jurisdiction, the State Highway Administration, or the Maryland Transportation Authority initially implements a new speed monitoring program and subsequently at least once every 2 years.

2. A program administrator for a program in existence on June 1, 2014, shall initially participate in the training program on or before December 31, 2014, and subsequently at least once every 2 years.

3. If a local jurisdiction, the State Highway Administration, or the Maryland Transportation Authority designates a new program administrator, the new program administrator shall participate in the next available training program.

(c) (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 (f)(4) of this section, the driver of a motor vehicle is subject to a civil penalty if the motor vehicle is recorded by a speed monitoring system while being operated in violation of this subtitle.

(2) (i) Except as provided in subparagraphs (ii) and (iii) of this paragraph, a civil penalty under this subsection may not exceed:

1. If the citation alleges that the driver of the motor vehicle exceeded the speed limit by between 12 and 15, inclusive, miles per hour, $40;

2. If the citation alleges that the driver of the motor vehicle exceeded the speed limit by between 16 and 19, inclusive, miles per hour, $70;

3. If the citation alleges that the driver of the motor vehicle exceeded the speed limit by between 20 and 29, inclusive, miles per hour, $120;

4. If the citation alleges that the driver of the motor vehicle exceeded the speed limit by between 30 and 39, inclusive, miles per hour, $230; and

5. If the citation alleges that the driver of the motor vehicle exceeded the speed limit by 40 miles per hour or more, $425.

(ii) A civil penalty under this subsection for a violation recorded on Interstate 83 in Baltimore County or Interstate 695 in Baltimore County may not exceed $40.

(iii) 1. This subparagraph applies to a civil penalty assessed to the owner or driver of a motor vehicle that is recorded by a speed monitoring system while being operated on Maryland Route 210 (Piscataway Highway) in Prince George’s County in violation of this subtitle.

2. The maximum civil penalty under this subparagraph is as follows:

A. For exceeding the maximum posted speed limit by between 12 and 15, inclusive, miles per hour, $40;

B. For exceeding the maximum posted speed limit by between 16 and 19, inclusive, miles per hour, $70;

C. For exceeding the maximum posted speed limit by between 20 and 29, inclusive, miles per hour, $120;

D. For exceeding the maximum posted speed limit by between 30 and 39, inclusive, miles per hour, $230; or

E. For exceeding the maximum posted speed limit by 40 miles per hour or more, $425.

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

(i) A uniform citation form consistent with subsection (d)(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.

(d) (1) Subject to the provisions of paragraphs (2) through (4) of this subsection, an agency shall mail to an owner liable under subsection (c) 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) The location where the violation occurred;

(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 should be paid;

(viii) A signed statement by a duly authorized law enforcement officer or a technician employed by or under contract with an agency that, based on inspection of recorded images, the motor vehicle was being operated in violation of this subtitle;

(ix) A statement that recorded images are evidence of a violation of this subtitle;

(x) Information advising the person alleged to be liable under this section of the manner and time in which liability as alleged in the citation may be contested in the District Court; and

(xi) Information advising the person alleged to be liable under this section that failure to pay the civil penalty or to contest liability in a timely manner:

1. Is an admission of liability;

2. May result in the refusal by the Administration to register the motor vehicle; and

3. May result in the suspension of the motor vehicle registration.

(2) (i) Except as provided in subparagraphs (ii) and (iii) of this paragraph, an agency may mail a warning notice instead of a citation to the owner liable under subsection (c) of this section.

(ii) With regard to a speed monitoring system established on Interstate 83 in Baltimore City, an agency shall mail a warning notice instead of a citation for a violation recorded by the speed monitoring system during the first 90 days that the speed monitoring system is in operation.

(iii) With regard to a speed monitoring system established on Interstate 83 in Baltimore County or Interstate 695 in Baltimore County, the State Highway Administration shall mail a warning notice instead of a citation for a violation recorded by the speed monitoring system during the first 30 days that the speed monitoring system is in operation.

(3) Except as provided in subsection (f)(4) of this section, an agency may not mail a citation to a person who is not an owner.

(4) Except as provided in subsections (b)(1)(x) and (f)(4) of this section, a citation issued under this section shall be mailed no later than 2 weeks after the alleged violation if the vehicle is registered in this State, and 30 days after the alleged violation if the vehicle is registered in another state.

(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 political subdivision, the District Court, or the Maryland Transportation Authority, as appropriate; or

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

(6) To mail the citation or warning notice, an agency 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.

(e) (1) (i) A certificate alleging that the violation of this subtitle occurred and the requirements under subsection (b) of this section have been satisfied, sworn to, or affirmed by a duly authorized law enforcement officer or a technician employed by or under contract with an agency, based on inspection of recorded images produced by a speed monitoring system, shall be evidence of the facts contained in the certificate and shall be admissible in a proceeding alleging a violation under this section without the presence or testimony of the speed monitoring system operator who performed the requirements under subsection (b) of this section.

(ii) A duly authorized law enforcement officer or a technician employed by or under contract with an agency shall complete reasonable training specific to the speed monitoring system before certifying any certificates of violation.

(2) If a person who received a citation under subsection (d) of this section desires the speed monitoring system operator to be present and testify at trial, the person shall notify the court and the State in writing no later than 20 days before trial.

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

(f) (1) The District Court may consider in defense of a violation:

(i) Subject to paragraph (2) of this subsection, that the motor vehicle or the registration plates of the motor vehicle were stolen before the violation occurred and were not under the control or 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 pertinent.

(2) To demonstrate that the motor vehicle or the registration plates were stolen before the violation occurred and were not under the control or possession of the owner at the time of the violation, the owner shall submit proof that a police report regarding 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 a letter, sworn to or affirmed by the person and mailed by certified mail, return receipt requested, that:

(i) States that the person named in the citation was not operating the vehicle at the time of the violation; and

(ii) Includes any other corroborating evidence.

(4) (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 (3) 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 issuing the citation a copy of any evidence substantiating who was operating the vehicle at the time of the violation.

(ii) On receipt of substantiating evidence from the District Court under subparagraph (i) of this paragraph, an agency may issue a citation as provided in subsection (d) of this section to the person who 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 no later than 2 weeks after receipt of the evidence from the District Court.

(g) If a person liable under this section does not pay the civil penalty or contest the violation, the Administration may refuse to register or reregister the motor vehicle cited for the violation.

(h) 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;

(2) May not be recorded by the Administration on the driving record of the owner or driver of the vehicle;

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

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

(i) (1) In consultation with the appropriate local government agencies, the State Highway Administration, and the Maryland Transportation Authority, the Chief Judge of the District Court shall adopt procedures for the issuance of citations, the trial of civil violations, and the collection of civil penalties 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.

(j) (1) An agency or an agent or 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 in any manner operates a speed monitoring system or administers or processes citations generated by a speed monitoring system on behalf of a local jurisdiction, the State Highway Administration, or the Maryland Transportation Authority, the contractor’s fee may not be contingent on a per–ticket basis on the number of citations issued or paid.

(k) (1) On or before December 31 of each year, the Maryland Police Training and Standards Commission shall:

(i) Compile and make publicly available a report for the previous fiscal year on each speed monitoring system program operated by a local jurisdiction, the State Highway Administration, or the Maryland Transportation Authority under this section; and

(ii) Submit the report to the Governor and, in accordance with § 2–1257 of the State Government Article, the General Assembly.

(2) The report shall include:

(i) The total number of citations issued;

(ii) The number of citations issued and the number voided as erroneous violations for each camera;

(iii) The gross revenue generated by the program;

(iv) The expenditures incurred by the program;

(v) The net revenue generated by the program;

(vi) The total amount of any payments made to a contractor under the program;

(vii) A description of how the net revenue generated by the program was used;

(viii) The number of employees of the local jurisdiction, the State Highway Administration, or the Maryland Transportation Authority, as appropriate, involved in the program;

(ix) The type of speed monitoring system used by the local jurisdiction, the State Highway Administration, or the Maryland Transportation Authority;

(x) The locations at which each speed monitoring system was used in the local jurisdiction, on Interstate 83 in Baltimore County or Interstate 695 in Baltimore County, or on Maryland Route 200 (Intercounty Connector);

(xi) The activation start and stop dates of each speed monitoring system for each location at which it was used; and

(xii) The number of citations issued by each speed monitoring system at each location.

(3) Each local jurisdiction with a speed monitoring system program, the State Highway Administration, or the Maryland Transportation Authority shall submit the information required under paragraph (2) of this subsection to the Commission by October 31 of each year and assist the Commission in the preparation of the annual report.

(l) On or before October 1, 2030, and on or before October 1 every 5 years thereafter, Montgomery County or a municipality in Montgomery County shall evaluate each speed monitoring system used in accordance with subsection (b)(1)(vi)7 of this section for its effectiveness in reducing the motor vehicle speed at or below which 85% of the drivers travel at the location of the speed monitoring system.

§21–809. // EFFECTIVE SEPTEMBER 30, 2028 PER CHAPTERS 606 AND 610 OF 2023 //

// EFFECTIVE UNTIL JUNE 30, 2030 PER CHAPTER 582 OF 2025 //

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

(2) “Agency” means:

(i) A law enforcement agency of 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 implement this subtitle using speed monitoring systems in accordance with this section;

(iii) For speed monitoring systems placed and used on Interstate 83 in Baltimore County or Interstate 695 in Baltimore County, the State Highway Administration; or

(iv) For speed monitoring systems placed and used on Maryland Route 200 (Intercounty Connector), the Maryland Transportation Authority.

(3) (i) “Erroneous violation” means a potential violation submitted by a speed monitoring system contractor for review by an agency that is apparently inaccurate based on a technical variable that is under the control of the contractor.

(ii) “Erroneous violation” includes a potential violation based on:

1. A recorded image of a registration plate that does not match the registration plate issued for the motor vehicle in the recorded image;

2. A recorded image that shows a stopped vehicle or no progression;

3. An incorrectly measured speed for a motor vehicle;

4. A measured speed of a motor vehicle that is below the threshold speed that would subject the owner to a civil citation under this section;

5. A recorded image that was taken outside of the hours and days that speed monitoring systems are authorized for use in school zones; and

6. A recorded image that was taken by a speed monitoring system with an expired calibration certificate.

(4) (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 rental or leasing company; or

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

(5) “Program administrator” means an employee or a representative of the local jurisdiction, the State Highway Administration, or the Maryland Transportation Authority designated by the local jurisdiction, the State Highway Administration, or the Authority to oversee a contract with a speed monitoring system contractor.

(6) “Reasonable training” means a level of education, instruction, and practical experience sufficient to ensure competency in the inspection and interpretation of the recorded images generated by the speed monitoring system.

(7) “Recorded image” means an image recorded by a speed monitoring system:

(i) On:

1. A photograph;

2. A microphotograph;

3. An electronic image;

4. Videotape; or

5. Any other medium; and

(ii) Showing:

1. The rear of a motor vehicle;

2. At least two time–stamped images of the motor vehicle that include the same stationary object near the motor vehicle; and

3. On at least one image or portion of tape, a clear and legible identification of the entire registration plate number of the motor vehicle.

(8) “School zone” means a designated roadway segment within up to a half–mile radius of a school for any of grades kindergarten through grade 12 where school–related activity occurs, including:

(i) Travel by students to or from school on foot or by bicycle; or

(ii) The dropping off or picking up of students by school buses or other vehicles.

(9) “Speed monitoring system” means a device with one or more motor vehicle sensors producing recorded images of motor vehicles traveling at speeds at least 12 miles per hour above the posted speed limit.

(10) “Speed monitoring system operator” means a representative of an agency or contractor that operates a speed monitoring system.

(b) (1) (i) 1. A speed monitoring system may not be used by a local jurisdiction under this section unless its use is authorized by the governing body of the local jurisdiction by local law enacted after reasonable notice and a public hearing.

2. The State Highway Administration may use speed monitoring systems on Interstate 83 in Baltimore County and Interstate 695 in Baltimore County in accordance with this section.

3. The Maryland Transportation Authority may use speed monitoring systems on Maryland Route 200 (Intercounty Connector) in accordance with this section.

(ii) Before a county may use a speed monitoring system on a State highway at a location within a municipal corporation, the county shall:

1. Obtain the approval of the State Highway Administration;

2. Notify the municipal corporation of the State Highway Administration’s approval of the use of a speed monitoring system at that location; and

3. Grant the municipal corporation 60 days from the date of the county’s notice to the municipal corporation to enact an ordinance authorizing the municipal corporation instead of the county to use a speed monitoring system at that location.

(iii) 1. This subparagraph applies only in Prince George’s County.

2. In the county, a municipal corporation may implement and use a speed monitoring system consistent with the requirements of this subsection on a county highway at a location within its corporate limits if the municipal corporation:

A. Submits to the county a plan describing the boundary of the applicable school zone and the proposed location of the speed monitoring system; and

B. Requests and receives permission from the county to use the speed monitoring system at the proposed location.

3. If the county fails to respond to the request within 60 days, the municipal corporation may implement and use the speed monitoring system as described in the plan submission.

4. The county may not:

A. Unreasonably deny a request under this subparagraph; or

B. Place exactions, fees, or unreasonable restrictions on the implementation and use of a speed monitoring system under this subparagraph.

5. The county shall state in writing the reasons for any denial of a request under this subparagraph.

6. A municipal corporation may contest in the circuit court a county denial of a request under this subparagraph.

(iv) In Prince George’s County, if a municipal corporation has established a school zone that is within one–quarter mile of a school zone established in another municipal corporation, the municipal corporation may not implement or use a speed monitoring system in that school zone unless it has obtained the approval of the other municipal corporation.

(v) An ordinance or resolution adopted by the governing body of a local jurisdiction under this paragraph shall provide that, if the local jurisdiction moves or places a mobile or stationary speed monitoring system to or at a location where a speed monitoring system had not previously been moved or placed, the local jurisdiction may not issue a citation for a violation recorded by that speed monitoring system:

1. Until signage is installed in accordance with subparagraph (viii) of this paragraph; and

2. For at least the first 15 calendar days after the signage is installed.

(vi) This section applies to a violation of this subtitle recorded by a speed monitoring system that meets the requirements of this subsection and has been placed:

1. In Anne Arundel County, Montgomery County, or Prince George’s County, on a highway in a residential district, as defined in § 21–101 of this title, with a maximum posted speed limit of 35 miles per hour, which speed limit was established using generally accepted traffic engineering practices;

2. In a school zone with a posted speed limit of at least 20 miles per hour;

3. In Prince George’s County, on that part of a highway located within the grounds of an institution of higher education as defined in § 10–101(h) of the Education Article, or within one–half mile of the grounds of a building or property used by the institution of higher education where generally accepted traffic and engineering practices indicate that motor vehicle, pedestrian, or bicycle traffic is substantially generated or influenced by the institution of higher education;

4. Subject to subparagraph (vii)2 of this paragraph, by the State Highway Administration on Interstate 83 in Baltimore County or on Interstate 695 in Baltimore County;

5. By the Maryland Transportation Authority on Maryland Route 200 (Intercounty Connector) in Montgomery County; or

6. Subject to subparagraph (xii) of this paragraph, in Montgomery County on a highway identified in the municipality’s, county’s, or State’s most recent Strategic Highway Safety Plan or Vision Zero Plan as a highway that is at high risk for motor vehicle crashes that result in serious bodily injury or death.

(vii) 1. Subject to subparagraph 2 of this paragraph, not more than four speed monitoring systems may be placed on Interstate 83 in Baltimore City.

2. Not more than one speed monitoring system in each direction may be in operation at the same time on Interstate 83 in Baltimore City.

(viii) Before activating a speed monitoring system, the local jurisdiction, the State Highway Administration, or the Maryland Transportation Authority, as appropriate, shall:

1. Publish notice of the location of the speed monitoring system on its website and in a newspaper of general circulation in the jurisdiction;

2. Ensure that each sign that designates a school zone is proximate to a sign that:

A. Indicates that speed monitoring systems are in use in the school zone; and

B. Is in accordance with the manual for and the specifications for a uniform system of traffic control devices adopted by the State Highway Administration under § 25–104 of this article; and

3. With regard to a speed monitoring system established based on proximity to an institution of higher education under subparagraph (vi)3 of this paragraph, on Interstate 83 in Baltimore County or Interstate 695 in Baltimore County or on Maryland Route 200 (Intercounty Connector) in Montgomery County, ensure that all speed limit signs approaching and within the segment of highway on which the speed monitoring system is located include signs that:

A. Are in accordance with the manual and specifications for a uniform system of traffic control devices adopted by the State Highway Administration under § 25–104 of this article; and

B. Indicate that a speed monitoring system is in use.

4. With regard to a speed monitoring system placed on Interstate 83 in Baltimore County or Interstate 695 in Baltimore County or on Maryland Route 200 (Intercounty Connector) in Montgomery County, ensure that each sign that indicates that a speed monitoring system is in use is proximate to a device that displays a real–time posting of the speed at which a driver is traveling.

(ix) A speed monitoring system in a school zone may operate only Monday through Friday between 6:00 a.m. and 8:00 p.m.

(x) 1. A local jurisdiction that authorizes a program of speed monitoring systems, the State Highway Administration, or the Maryland Transportation Authority, as appropriate, shall designate an official or employee to investigate and respond to questions or concerns about the local jurisdiction’s, the State Highway Administration’s, or the Authority’s speed monitoring system program.

2. A. The designee shall review a citation generated by a speed monitoring system if the person who received the citation requests review before the deadline for contesting liability under this section.

B. If the designee determines that the citation is an erroneous violation, the designee shall void the citation.

C. If the designee determines that a person did not receive notice of a citation issued under this section due to an administrative error, the designee may resend the citation in accordance with subsection (d) of this section or void the citation.

D. A designee that takes any action described under subsubsubparagraph C of this subsubparagraph shall notify the Administration of the action for the purpose of rescinding any administrative penalties imposed under subsection (g) of this section.

E. A designee may not determine that a citation is an erroneous violation based solely on the dismissal of the citation by a court.

3. A designee may not be employed by a speed monitoring system contractor or have been involved in any review of a speed monitoring system citation, other than review of a citation under this subparagraph.

4. On receipt of a written question or concern from a person, the designee shall provide a written answer or response to the person within a reasonable time.

5. A local jurisdiction, the State Highway Administration, or the Maryland Transportation Authority, as appropriate, shall make any written questions or concerns received under this subparagraph and any subsequent written answers or responses available for public inspection.

(xi) A local jurisdiction may not use a speed monitoring system to enforce speed limits on any portion of a highway for which the speed limit has been decreased without performing an engineering and traffic investigation.

(xii) Neither Montgomery County nor a municipal government in Montgomery County may place, have placed, or use a speed monitoring system to enforce speed limits in accordance with this section on a controlled access highway, an expressway, or an interstate highway in the county.

(2) (i) A speed monitoring system operator shall complete training by a manufacturer of speed monitoring systems in the procedures for setting up and operating the speed monitoring system.

(ii) The manufacturer shall issue a signed certificate to the speed monitoring system operator on completion of the training.

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

(3) A speed monitoring system operator shall fill out and sign a daily set–up log for a speed monitoring system that:

(i) States that the speed monitoring system operator successfully performed or reviewed and evaluated the manufacturer–specified daily self–test of the speed monitoring system prior to producing a recorded image;

(ii) Shall be kept on file; and

(iii) Shall be admitted as evidence in any court proceeding for a violation of this section.

(4) (i) A speed monitoring system shall undergo an annual calibration check performed by an independent calibration laboratory that is:

1. Selected by the local jurisdiction, the State Highway Administration, or the Maryland Transportation Authority, as appropriate; and

2. Unaffiliated with the manufacturer of the speed monitoring system.

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

1. Shall be kept on file; and

2. Shall be admitted as evidence in any court proceeding for a violation of this section.

(5) If a local jurisdiction, the State Highway Administration, or the Maryland Transportation Authority authorizes a program of speed monitoring systems under this section:

(i) The local jurisdiction, the State Highway Administration, or the Maryland Transportation Authority shall designate a program administrator who may not be an employee or representative of the speed monitoring system contractor; and

(ii) The contract with the speed monitoring system contractor shall include the following provisions:

1. For potential violations submitted by a contractor for review by an agency, if more than 5% of the violations in a calendar year are erroneous violations, then the contractor shall be subject to liquidated damages for each erroneous violation equal to at least 50% of the fine amount for the erroneous violation, plus any reimbursements paid by the local jurisdiction, the State Highway Administration, or the Maryland Transportation Authority; and

2. The local jurisdiction, the State Highway Administration, or the Maryland Transportation Authority may cancel a contract with a contractor if the contractor violates the contract by submitting erroneous violations to the agency that exceed a threshold specified in the contract or violates the law in implementing the contract.

(6) (i) The Maryland Police Training and Standards Commission, in consultation with the State Highway Administration and other interested stakeholders, shall develop a training program concerning the oversight and administration of a speed monitoring program by a local jurisdiction, the State Highway Administration, or the Maryland Transportation Authority, including a curriculum of best practices in the State.

(ii) 1. A program administrator shall participate in the training program established under this paragraph before a local jurisdiction, the State Highway Administration, or the Maryland Transportation Authority initially implements a new speed monitoring program and subsequently at least once every 2 years.

2. A program administrator for a program in existence on June 1, 2014, shall initially participate in the training program on or before December 31, 2014, and subsequently at least once every 2 years.

3. If a local jurisdiction, the State Highway Administration, or the Maryland Transportation Authority designates a new program administrator, the new program administrator shall participate in the next available training program.

(c) (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 (f)(4) of this section, the driver of a motor vehicle is subject to a civil penalty if the motor vehicle is recorded by a speed monitoring system while being operated in violation of this subtitle.

(2) (i) Except as provided in subparagraph (ii) of this paragraph, a civil penalty under this subsection may not exceed:

1. If the citation alleges that the driver of the motor vehicle exceeded the speed limit by between 12 and 15, inclusive, miles per hour, $40;

2. If the citation alleges that the driver of the motor vehicle exceeded the speed limit by between 16 and 19, inclusive, miles per hour, $70;

3. If the citation alleges that the driver of the motor vehicle exceeded the speed limit by between 20 and 29, inclusive, miles per hour, $120;

4. If the citation alleges that the driver of the motor vehicle exceeded the speed limit by between 30 and 39, inclusive, miles per hour, $230; and

5. If the citation alleges that the driver of the motor vehicle exceeded the speed limit by 40 miles per hour or more, $425.

(ii) A civil penalty under this paragraph for a violation recorded on Interstate 83 in Baltimore County or Interstate 695 in Baltimore County may not exceed $40.

(iii) 1. This paragraph applies to a civil penalty assessed to the owner or driver of a motor vehicle that is recorded by a speed monitoring system while being operated on Maryland Route 210 (Piscataway Highway) in Prince George’s County in violation of this subtitle.

2. The maximum civil penalty under this subparagraph is as follows:

A. For exceeding the maximum posted speed limit by between 12 and 15, inclusive, miles per hour, $40;

B. For exceeding the maximum posted speed limit by between 16 and 19, inclusive, miles per hour, $70;

C. For exceeding the maximum posted speed limit by between 20 and 29, inclusive, miles per hour, $120;

D. For exceeding the maximum posted speed limit by between 30 and 39, inclusive, miles per hour, $230; or

E. For exceeding the maximum posted speed limit by 40 miles per hour or more, $425.

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

(i) A uniform citation form consistent with subsection (d)(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.

(d) (1) Subject to the provisions of paragraphs (2) through (4) of this subsection, an agency shall mail to an owner liable under subsection (c) 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) The location where the violation occurred;

(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 should be paid;

(viii) A signed statement by a duly authorized law enforcement officer or a technician employed by or under contract with an agency that, based on inspection of recorded images, the motor vehicle was being operated in violation of this subtitle;

(ix) A statement that recorded images are evidence of a violation of this subtitle;

(x) Information advising the person alleged to be liable under this section of the manner and time in which liability as alleged in the citation may be contested in the District Court; and

(xi) Information advising the person alleged to be liable under this section that failure to pay the civil penalty or to contest liability in a timely manner:

1. Is an admission of liability;

2. May result in the refusal by the Administration to register the motor vehicle; and

3. May result in the suspension of the motor vehicle registration.

(2) (i) Except as provided in subparagraphs (ii) and (iii) of this paragraph, an agency may mail a warning notice instead of a citation to the owner liable under subsection (c) of this section.

(ii) With regard to a speed monitoring system established on Interstate 83 in Baltimore City, an agency shall mail a warning notice instead of a citation for a violation recorded by the speed monitoring system during the first 90 days that the speed monitoring system is in operation.

(iii) With regard to a speed monitoring system established on Interstate 83 in Baltimore County or Interstate 695 in Baltimore County, the State Highway Administration shall mail a warning notice instead of a citation for a violation recorded by the speed monitoring system during the first 30 days that the speed monitoring system is in operation.

(3) Except as provided in subsection (f)(4) of this section, an agency may not mail a citation to a person who is not an owner.

(4) Except as provided in subsections (b)(1)(ix) and (f)(4) of this section, a citation issued under this section shall be mailed no later than 2 weeks after the alleged violation if the vehicle is registered in this State, and 30 days after the alleged violation if the vehicle is registered in another state.

(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 political subdivision, the District Court, or the Maryland Transportation Authority, as appropriate; or

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

(6) To mail the citation or warning notice, an agency 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.

(e) (1) (i) A certificate alleging that the violation of this subtitle occurred and the requirements under subsection (b) of this section have been satisfied, sworn to, or affirmed by a duly authorized law enforcement officer or a technician employed by or under contract with an agency, based on inspection of recorded images produced by a speed monitoring system, shall be evidence of the facts contained in the certificate and shall be admissible in a proceeding alleging a violation under this section without the presence or testimony of the speed monitoring system operator who performed the requirements under subsection (b) of this section.

(ii) A duly authorized law enforcement officer or a technician employed by or under contract with an agency shall complete reasonable training specific to the speed monitoring system before certifying any certificates of violation.

(2) If a person who received a citation under subsection (d) of this section desires the speed monitoring system operator to be present and testify at trial, the person shall notify the court and the State in writing no later than 20 days before trial.

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

(f) (1) The District Court may consider in defense of a violation:

(i) Subject to paragraph (2) of this subsection, that the motor vehicle or the registration plates of the motor vehicle were stolen before the violation occurred and were not under the control or 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 pertinent.

(2) To demonstrate that the motor vehicle or the registration plates were stolen before the violation occurred and were not under the control or possession of the owner at the time of the violation, the owner shall submit proof that a police report regarding 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 a letter, sworn to or affirmed by the person and mailed by certified mail, return receipt requested, that:

(i) States that the person named in the citation was not operating the vehicle at the time of the violation; and

(ii) Includes any other corroborating evidence.

(4) (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 (3) 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 issuing the citation a copy of any evidence substantiating who was operating the vehicle at the time of the violation.

(ii) On receipt of substantiating evidence from the District Court under subparagraph (i) of this paragraph, an agency may issue a citation as provided in subsection (d) of this section to the person who 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 no later than 2 weeks after receipt of the evidence from the District Court.

(g) If a person liable under this section does not pay the civil penalty or contest the violation, the Administration may refuse to register or reregister the motor vehicle cited for the violation.

(h) 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;

(2) May not be recorded by the Administration on the driving record of the owner or driver of the vehicle;

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

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

(i) (1) In consultation with the appropriate local government agencies, the State Highway Administration, and the Maryland Transportation Authority, the Chief Judge of the District Court shall adopt procedures for the issuance of citations, the trial of civil violations, and the collection of civil penalties 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.

(j) (1) An agency or an agent or 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 in any manner operates a speed monitoring system or administers or processes citations generated by a speed monitoring system on behalf of a local jurisdiction, the State Highway Administration, or the Maryland Transportation Authority, the contractor’s fee may not be contingent on a per–ticket basis on the number of citations issued or paid.

(k) (1) On or before December 31 of each year, the Maryland Police Training and Standards Commission shall:

(i) Compile and make publicly available a report for the previous fiscal year on each speed monitoring system program operated by a local jurisdiction, the State Highway Administration, or the Maryland Transportation Authority under this section; and

(ii) Submit the report to the Governor and, in accordance with § 2–1257 of the State Government Article, the General Assembly.

(2) The report shall include:

(i) The total number of citations issued;

(ii) The number of citations issued and the number voided as erroneous violations for each camera;

(iii) The gross revenue generated by the program;

(iv) The expenditures incurred by the program;

(v) The net revenue generated by the program;

(vi) The total amount of any payments made to a contractor under the program;

(vii) A description of how the net revenue generated by the program was used;

(viii) The number of employees of the local jurisdiction, the State Highway Administration, or the Maryland Transportation Authority, as appropriate, involved in the program;

(ix) The type of speed monitoring system used by the local jurisdiction, the State Highway Administration, or the Maryland Transportation Authority;

(x) The locations at which each speed monitoring system was used in the local jurisdiction, on Interstate 83 in Baltimore County or Interstate 695 in Baltimore County, or on Maryland 200 (Intercounty Connector) in Montgomery County;

(xi) The activation start and stop dates of each speed monitoring system for each location at which it was used; and

(xii) The number of citations issued by each speed monitoring system at each location.

(3) Each local jurisdiction with a speed monitoring system program, the State Highway Administration, or the Maryland Transportation Authority shall submit the information required under paragraph (2) of this subsection to the Commission by October 31 of each year and assist the Commission in the preparation of the annual report.

(l) On or before October 1, 2030, and on or before October 1 every 5 years thereafter, Montgomery County or a municipality in Montgomery County shall evaluate each speed monitoring system used in accordance with subsection (b)(1)(vi)6 of this section for its effectiveness in reducing the motor vehicle speed at or below which 85% of the drivers travel at the location of the speed monitoring system.

§21–809. // EFFECTIVE JUNE 30, 2030 PER CHAPTER 582 OF 2025 //

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

(2) “Agency” means:

(i) A law enforcement agency of 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 implement this subtitle using speed monitoring systems in accordance with this section; or

(iii) For speed monitoring systems placed and used on Maryland Route 200 (Intercounty Connector), the Maryland Transportation Authority.

(3) (i) “Erroneous violation” means a potential violation submitted by a speed monitoring system contractor for review by an agency that is apparently inaccurate based on a technical variable that is under the control of the contractor.

(ii) “Erroneous violation” includes a potential violation based on:

1. A recorded image of a registration plate that does not match the registration plate issued for the motor vehicle in the recorded image;

2. A recorded image that shows a stopped vehicle or no progression;

3. An incorrectly measured speed for a motor vehicle;

4. A measured speed of a motor vehicle that is below the threshold speed that would subject the owner to a civil citation under this section;

5. A recorded image that was taken outside of the hours and days that speed monitoring systems are authorized for use in school zones; and

6. A recorded image that was taken by a speed monitoring system with an expired calibration certificate.

(4) (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 rental or leasing company; or

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

(5) “Program administrator” means an employee or a representative of the local jurisdiction or the Maryland Transportation Authority designated by the local jurisdiction or the Authority to oversee a contract with a speed monitoring system contractor.

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

(i) On:

1. A photograph;

2. A microphotograph;

3. An electronic image;

4. Videotape; or

5. Any other medium; and

(ii) Showing:

1. The rear of a motor vehicle;

2. At least two time–stamped images of the motor vehicle that include the same stationary object near the motor vehicle; and

3. On at least one image or portion of tape, a clear and legible identification of the entire registration plate number of the motor vehicle.

(7) “School zone” means a designated roadway segment within up to a half–mile radius of a school for any of grades kindergarten through grade 12 where school–related activity occurs, including:

(i) Travel by students to or from school on foot or by bicycle; or

(ii) The dropping off or picking up of students by school buses or other vehicles.

(8) “Speed monitoring system” means a device with one or more motor vehicle sensors producing recorded images of motor vehicles traveling at speeds at least 12 miles per hour above the posted speed limit.

(9) “Speed monitoring system operator” means a representative of an agency or contractor that operates a speed monitoring system.

(b) (1) (i) 1. A speed monitoring system may not be used by a local jurisdiction under this section unless its use is authorized by the governing body of the local jurisdiction by local law enacted after reasonable notice and a public hearing.

2. The Maryland Transportation Authority may use speed monitoring systems on Maryland Route 200 (Intercounty Connector) in accordance with this section.

(ii) Before a county may use a speed monitoring system on a State highway at a location within a municipal corporation, the county shall:

1. Obtain the approval of the State Highway Administration;

2. Notify the municipal corporation of the State Highway Administration’s approval of the use of a speed monitoring system at that location; and

3. Grant the municipal corporation 60 days from the date of the county’s notice to the municipal corporation to enact an ordinance authorizing the municipal corporation instead of the county to use a speed monitoring system at that location.

(iii) 1. This subparagraph applies only in Prince George’s County.

2. In the county, a municipal corporation may implement and use a speed monitoring system consistent with the requirements of this subsection on a county highway at a location within its corporate limits if the municipal corporation:

A. Submits to the county a plan describing the boundary of the applicable school zone and the proposed location of the speed monitoring system; and

B. Requests and receives permission from the county to use the speed monitoring system at the proposed location.

3. If the county fails to respond to the request within 60 days, the municipal corporation may implement and use the speed monitoring system as described in the plan submission.

4. The county may not:

A. Unreasonably deny a request under this subparagraph; or

B. Place exactions, fees, or unreasonable restrictions on the implementation and use of a speed monitoring system under this subparagraph.

5. The county shall state in writing the reasons for any denial of a request under this subparagraph.

6. A municipal corporation may contest in the circuit court a county denial of a request under this subparagraph.

(iv) In Prince George’s County, if a municipal corporation has established a school zone that is within one–quarter mile of a school zone established in another municipal corporation, the municipal corporation may not implement or use a speed monitoring system in that school zone unless it has obtained the approval of the other municipal corporation.

(v) An ordinance or resolution adopted by the governing body of a local jurisdiction under this paragraph shall provide that, if the local jurisdiction moves or places a mobile or stationary speed monitoring system to or at a location where a speed monitoring system had not previously been moved or placed, the local jurisdiction may not issue a citation for a violation recorded by that speed monitoring system:

1. Until signage is installed in accordance with subparagraph (vii) of this paragraph; and

2. For at least the first 15 calendar days after the signage is installed.

(vi) This section applies to a violation of this subtitle recorded by a speed monitoring system that meets the requirements of this subsection and has been placed:

1. In Anne Arundel County, Montgomery County, or Prince George’s County, on a highway in a residential district, as defined in § 21–101 of this title, with a maximum posted speed limit of 35 miles per hour, which speed limit was established using generally accepted traffic engineering practices;

2. In a school zone with a posted speed limit of at least 20 miles per hour;

3. In Prince George’s County, on that part of a highway located within the grounds of an institution of higher education as defined in § 10–101(h) of the Education Article, or within one–half mile of the grounds of a building or property used by the institution of higher education where generally accepted traffic and engineering practices indicate that motor vehicle, pedestrian, or bicycle traffic is substantially generated or influenced by the institution of higher education;

4. Subject to subparagraph (vii)2 of this paragraph, on Interstate 83 in Baltimore City;

5. By the Maryland Transportation Authority on Maryland Route 200 (Intercounty Connector); or

6. Subject to subparagraph (xii) of this paragraph, in Montgomery County on a highway identified in the municipality’s, county’s, or State’s most recent Strategic Highway Safety Plan or Vision Zero Plan as a highway that is at high risk for motor vehicle crashes that result in serious bodily injury or death.

(vii) 1. Not more than six mobile or stationary speed monitoring systems may be placed on Maryland Route 210 (Indian Head Highway).

2. A. Subject to subsubsubparagraph B of this subsubparagraph, not more than four speed monitoring systems may be placed on Interstate 83 in Baltimore City.

B. Not more than one speed monitoring system in each direction may be in operation at the same time on Interstate 83 in Baltimore City.

(viii) Before activating a speed monitoring system, the local jurisdiction or the Maryland Transportation Authority, as appropriate, shall:

1. Publish notice of the location of the speed monitoring system on its website and in a newspaper of general circulation in the jurisdiction;

2. Ensure that each sign that designates a school zone is proximate to a sign that:

A. Indicates that speed monitoring systems are in use in the school zone; and

B. Is in accordance with the manual for and the specifications for a uniform system of traffic control devices adopted by the State Highway Administration under § 25–104 of this article; and

3. With regard to a speed monitoring system established based on proximity to an institution of higher education under subparagraph (vi)3 of this paragraph, on Interstate 83 in Baltimore City or on Maryland Route 200 (Intercounty Connector) in Montgomery County, ensure that all speed limit signs approaching and within the segment of highway on which the speed monitoring system is located include signs that:

A. Are in accordance with the manual and specifications for a uniform system of traffic control devices adopted by the State Highway Administration under § 25–104 of this article; and

B. Indicate that a speed monitoring system is in use.

(ix) A speed monitoring system in a school zone may operate only Monday through Friday between 6:00 a.m. and 8:00 p.m.

(x) 1. A local jurisdiction that authorizes a program of speed monitoring systems or the Maryland Transportation Authority, as appropriate, shall designate an official or employee to investigate and respond to questions or concerns about the local jurisdiction’s or the Authority’s speed monitoring system program.

2. A. The designee shall review a citation generated by a speed monitoring system if the person who received the citation requests review before the deadline for contesting liability under this section.

B. If the designee determines that the citation is an erroneous violation, the designee shall void the citation.

C. If the designee determines that a person did not receive notice of a citation issued under this section due to an administrative error, the designee may resend the citation in accordance with subsection (d) of this section or void the citation.

D. A designee that takes any action described under subsubsubparagraph C of this subsubparagraph shall notify the Administration of the action for the purpose of rescinding any administrative penalties imposed under subsection (g) of this section.

E. A designee may not determine that a citation is an erroneous violation based solely on the dismissal of the citation by a court.

3. A designee may not be employed by a speed monitoring system contractor or have been involved in any review of a speed monitoring system citation, other than review of a citation under this subparagraph.

4. On receipt of a written question or concern from a person, the designee shall provide a written answer or response to the person within a reasonable time.

5. A local jurisdiction and the Maryland Transportation Authority shall make any written questions or concerns received under this subparagraph and any subsequent written answers or responses available for public inspection.

(xi) A local jurisdiction may not use a speed monitoring system to enforce speed limits on any portion of a highway for which the speed limit has been decreased without performing an engineering and traffic investigation.

(xii) Neither Montgomery County nor a municipal government in Montgomery County may place, have placed, or use a speed monitoring system to enforce speed limits in accordance with this section on a controlled access highway, an expressway, or an interstate highway in the county.

(2) (i) A speed monitoring system operator shall complete training by a manufacturer of speed monitoring systems in the procedures for setting up and operating the speed monitoring system.

(ii) The manufacturer shall issue a signed certificate to the speed monitoring system operator on completion of the training.

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

(3) A speed monitoring system operator shall fill out and sign a daily set–up log for a speed monitoring system that:

(i) States that the speed monitoring system operator successfully performed or reviewed and evaluated the manufacturer–specified daily self–test of the speed monitoring system prior to producing a recorded image;

(ii) Shall be kept on file; and

(iii) Shall be admitted as evidence in any court proceeding for a violation of this section.

(4) (i) A speed monitoring system shall undergo an annual calibration check performed by an independent calibration laboratory that is:

1. Selected by the local jurisdiction or the Maryland Transportation Authority, as appropriate; and

2. Unaffiliated with the manufacturer of the speed monitoring system.

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

1. Shall be kept on file; and

2. Shall be admitted as evidence in any court proceeding for a violation of this section.

(5) If a local jurisdiction or the Maryland Transportation Authority authorizes a program of speed monitoring systems under this section:

(i) The local jurisdiction or the Maryland Transportation Authority shall designate a program administrator who may not be an employee or representative of the speed monitoring system contractor; and

(ii) The contract with the speed monitoring system contractor shall include the following provisions:

1. For potential violations submitted by a contractor for review by an agency, if more than 5% of the violations in a calendar year are erroneous violations, then the contractor shall be subject to liquidated damages for each erroneous violation equal to at least 50% of the fine amount for the erroneous violation, plus any reimbursements paid by the local jurisdiction or the Maryland Transportation Authority; and

2. The local jurisdiction or the Maryland Transportation Authority may cancel a contract with a contractor if the contractor violates the contract by submitting erroneous violations to the agency that exceed a threshold specified in the contract or violates the law in implementing the contract.

(6) (i) The Maryland Police Training and Standards Commission, in consultation with the State Highway Administration and other interested stakeholders, shall develop a training program concerning the oversight and administration of a speed monitoring program by a local jurisdiction and the Maryland Transportation Authority, including a curriculum of best practices in the State.

(ii) 1. A program administrator shall participate in the training program established under this paragraph before a local jurisdiction or the Maryland Transportation Authority initially implements a new speed monitoring program and subsequently at least once every 2 years.

2. A program administrator for a program in existence on June 1, 2014, shall initially participate in the training program on or before December 31, 2014, and subsequently at least once every 2 years.

3. If a local jurisdiction or the Maryland Transportation Authority designates a new program administrator, the new program administrator shall participate in the next available training program.

(c) (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 (f)(4) of this section, the driver of a motor vehicle is subject to a civil penalty if the motor vehicle is recorded by a speed monitoring system while being operated in violation of this subtitle.

(2) (i) Except as provided in subparagraph (ii) of this paragraph, a civil penalty under this subsection may not exceed:

1. If the citation alleges that the driver of the motor vehicle exceeded the speed limit by between 12 and 15, inclusive, miles per hour, $40;

2. If the citation alleges that the driver of the motor vehicle exceeded the speed limit by between 16 and 19, inclusive, miles per hour, $70;

3. If the citation alleges that the driver of the motor vehicle exceeded the speed limit by between 20 and 29, inclusive, miles per hour, $120;

4. If the citation alleges that the driver of the motor vehicle exceeded the speed limit by between 30 and 39, inclusive, miles per hour, $230; and

5. If the citation alleges that the driver of the motor vehicle exceeded the speed limit by 40 miles per hour or more, $425.

(ii) 1. This paragraph applies to a civil penalty assessed to the owner or driver of a motor vehicle that is recorded by a speed monitoring system while being operated on Maryland Route 210 (Piscataway Highway) in Prince George’s County in violation of this subtitle.

2. The maximum civil penalty under this subparagraph is as follows:

A. For exceeding the maximum posted speed limit by between 12 and 15, inclusive, miles per hour, $40;

B. For exceeding the maximum posted speed limit by between 16 and 19, inclusive, miles per hour, $70;

C. For exceeding the maximum posted speed limit by between 20 and 29, inclusive, miles per hour, $120;

D. For exceeding the maximum posted speed limit by between 30 and 39, inclusive, miles per hour, $230; or

E. For exceeding the maximum posted speed limit by 40 miles per hour or more, $425.

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

(i) A uniform citation form consistent with subsection (d)(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.

(d) (1) Subject to the provisions of paragraphs (2) through (4) of this subsection, an agency shall mail to an owner liable under subsection (c) 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) The location where the violation occurred;

(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 should be paid;

(viii) A signed statement by a duly authorized law enforcement officer employed by or under contract with an agency that, based on inspection of recorded images, the motor vehicle was being operated in violation of this subtitle;

(ix) A statement that recorded images are evidence of a violation of this subtitle;

(x) Information advising the person alleged to be liable under this section of the manner and time in which liability as alleged in the citation may be contested in the District Court; and

(xi) Information advising the person alleged to be liable under this section that failure to pay the civil penalty or to contest liability in a timely manner:

1. Is an admission of liability;

2. May result in the refusal by the Administration to register the motor vehicle; and

3. May result in the suspension of the motor vehicle registration.

(2) (i) Except as provided in subparagraph (ii) of this paragraph, an agency may mail a warning notice instead of a citation to the owner liable under subsection (c) of this section.

(ii) With regard to a speed monitoring system established on Interstate 83 in Baltimore City, an agency shall mail a warning notice instead of a citation for a violation recorded by the speed monitoring system during the first 90 days that the speed monitoring system is in operation.

(3) Except as provided in subsection (f)(4) of this section, an agency may not mail a citation to a person who is not an owner.

(4) Except as provided in subsections (b)(1)(x) and (f)(4) of this section, a citation issued under this section shall be mailed no later than 2 weeks after the alleged violation if the vehicle is registered in this State, and 30 days after the alleged violation if the vehicle is registered in another state.

(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 political subdivision or the Maryland Transportation Authority, as appropriate; or

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

(6) To mail the citation or warning notice, an agency shall use:

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

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

(e) (1) A certificate alleging that the violation of this subtitle occurred and the requirements under subsection (b) of this section have been satisfied, sworn to, or affirmed by a duly authorized law enforcement officer employed by or under contract with an agency, based on inspection of recorded images produced by a speed monitoring system, shall be evidence of the facts contained in the certificate and shall be admissible in a proceeding alleging a violation under this section without the presence or testimony of the speed monitoring system operator who performed the requirements under subsection (b) of this section.

(2) If a person who received a citation under subsection (d) of this section desires the speed monitoring system operator to be present and testify at trial, the person shall notify the court and the State in writing no later than 20 days before trial.

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

(f) (1) The District Court may consider in defense of a violation:

(i) Subject to paragraph (2) of this subsection, that the motor vehicle or the registration plates of the motor vehicle were stolen before the violation occurred and were not under the control or 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 pertinent.

(2) To demonstrate that the motor vehicle or the registration plates were stolen before the violation occurred and were not under the control or possession of the owner at the time of the violation, the owner shall submit proof that a police report regarding 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 a letter, sworn to or affirmed by the person and mailed by certified mail, return receipt requested, that:

(i) States that the person named in the citation was not operating the vehicle at the time of the violation; and

(ii) Includes any other corroborating evidence.

(4) (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 (3) 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 issuing the citation a copy of any evidence substantiating who was operating the vehicle at the time of the violation.

(ii) On receipt of substantiating evidence from the District Court under subparagraph (i) of this paragraph, an agency may issue a citation as provided in subsection (d) of this section to the person who 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 no later than 2 weeks after receipt of the evidence from the District Court.

(g) If a person liable under this section does not pay the civil penalty or contest the violation, the Administration may refuse to register or reregister the motor vehicle cited for the violation.

(h) 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;

(2) May not be recorded by the Administration on the driving record of the owner or driver of the vehicle;

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

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

(i) (1) In consultation with the appropriate local government agencies and the Maryland Transportation Authority, the Chief Judge of the District Court shall adopt procedures for the issuance of citations, the trial of civil violations, and the collection of civil penalties 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.

(j) (1) An agency or an agent or 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 in any manner operates a speed monitoring system or administers or processes citations generated by a speed monitoring system on behalf of a local jurisdiction or the Maryland Transportation Authority, the contractor’s fee may not be contingent on a per–ticket basis on the number of citations issued or paid.

(k) (1) On or before December 31 of each year, the Maryland Police Training and Standards Commission shall:

(i) Compile and make publicly available a report for the previous fiscal year on each speed monitoring system program operated by a local jurisdiction and the Maryland Transportation Authority under this section; and

(ii) Submit the report to the Governor and, in accordance with § 2–1257 of the State Government Article, the General Assembly.

(2) The report shall include:

(i) The total number of citations issued;

(ii) The number of citations issued and the number voided as erroneous violations for each camera;

(iii) The gross revenue generated by the program;

(iv) The expenditures incurred by the program;

(v) The net revenue generated by the program;

(vi) The total amount of any payments made to a contractor under the program;

(vii) A description of how the net revenue generated by the program was used;

(viii) The number of employees of the local jurisdiction or the Maryland Transportation Authority involved in the program;

(ix) The type of speed monitoring system used by the local jurisdiction or the Maryland Transportation Authority;

(x) The locations at which each speed monitoring system was used in the local jurisdiction or on Maryland Route 200 (Intercounty Connector);

(xi) The activation start and stop dates of each speed monitoring system for each location at which it was used; and

(xii) The number of citations issued by each speed monitoring system at each location.

(3) Each local jurisdiction and the Maryland Transportation Authority with a speed monitoring system program shall submit the information required under paragraph (2) of this subsection to the Commission by October 31 of each year and assist the Commission in the preparation of the annual report.

(l) On or before October 1, 2030, and on or before October 1 every 5 years thereafter, Montgomery County or a municipality in Montgomery County shall evaluate each speed monitoring system used in accordance with subsection (b)(1)(vi)6 of this section for its effectiveness in reducing the motor vehicle speed at or below which 85% of the drivers travel at the location of the speed monitoring system.
Md. Code, Transportation § 21-706.1 — MD Code / Article gtr / Title 21 / Subtitle 7 / Section 21-706.1
§21–706.
Status: in_force

§21–706.1.

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

(2) “Law enforcement agency” means a law enforcement agency of 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.

(3) (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.

(4) “Recorded image” means images recorded by a school bus monitoring camera:

(i) On:

1. Two or more photographs;

2. Two or more microphotographs;

3. Two or more electronic images;

4. Videotape; or

5. Any other medium; and

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

(5) “School bus monitoring camera” means a camera placed on a school bus that is designed to capture a recorded image of a driver of a motor vehicle committing a violation.

(6) “Violation” means a violation of § 21–706 of this subtitle.

(b) (1) (i) If a school bus operator witnesses a violation, the operator may promptly report the violation to a law enforcement agency exercising jurisdiction where the violation occurred.

(ii) The report, to the extent possible, shall include:

1. Information pertaining to the identity of the alleged violator;

2. The license number and color of the vehicle involved in the violation;

3. The time and location at which the violation occurred; and

4. An identification of the vehicle as an automobile, station wagon, truck, bus, motorcycle, or other type of vehicle.

(2) If the identity of the operator of the vehicle at the time the violation occurred cannot be established, the law enforcement agency shall issue to the registered owner of the vehicle, a warning stating:

(i) That a report of a violation was made to the law enforcement agency and that the report described the owner’s vehicle as the vehicle involved in the violation;

(ii) That there is insufficient evidence for the issuance of a citation;

(iii) That the warning does not constitute a finding that the owner is guilty of the violation; and

(iv) The requirements of § 21–706 of this subtitle.

(c) (1) A school bus monitoring camera may not be used in a local jurisdiction under this section unless its use is authorized by the governing body of the local jurisdiction by local law enacted after reasonable notice and a public hearing.

(2) If authorized by the governing body of the local jurisdiction, a law enforcement agency, in consultation with the county board of education, may place school bus monitoring cameras on school buses in the county.

(d) A recorded image by a school bus monitoring camera under this section indicating that the driver of a motor vehicle has committed a violation shall include:

(1) An image of the motor vehicle;

(2) An image of at least one of the motor vehicle’s registration plates;

(3) The time and date of the violation; and

(4) To the extent possible, the location of the violation.

(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 school bus monitoring camera during the commission of a violation.

(2) A civil penalty under this subsection may not exceed $500.

(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, a law enforcement 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 technician employed by the law enforcement agency that, based on inspection of recorded images, the motor vehicle was being operated during the commission of a violation;

(ix) A statement that recorded images are 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) The law enforcement agency may mail a warning notice in place of a citation to the owner liable under subsection (e) of this section.

(3) (i) Before mailing a citation to a motor vehicle rental company liable under subsection (e) of this section, a law enforcement 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 of receiving the notice, the motor vehicle rental company provides the law enforcement 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) A law enforcement 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 no 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 county; or

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

(6) To mail the citation or warning notice, a law enforcement agency 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) A certificate alleging that a violation occurred, sworn to or affirmed by a duly authorized agent of a law enforcement agency, based on inspection of recorded images produced by a school bus monitoring camera shall be evidence of the facts contained in the certificate and shall be admissible in any proceeding concerning the alleged violation.

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

(h) (1) The District Court may consider in defense of a 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 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 pertinent.

(2) In order to demonstrate that the motor vehicle or the registration plates were stolen before the violation occurred and were not under the control or possession of the owner at the time of the violation, the owner must 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) The provisions of this paragraph apply only to a citation that involves a Class E (truck) vehicle with a registered gross weight of 26,001 pounds or more, Class F (tractor) vehicle, Class G (trailer) vehicle operated in combination with a Class F (tractor) vehicle, or 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 law enforcement agency issuing the citation 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, the law enforcement agency may issue a 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 no 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 or may suspend the registration of 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 law enforcement 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.
Md. Code, Transportation § 21-1134 — MD Code / Article gtr / Title 21 / Subtitle 11 / Section 21-1134
§21–1134.
Status: in_force

(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.
Md. Code, Local Government § 21-805 — MD Code / Article glg / Title 21 / Subtitle 8 / Section 21-805
§21–805.
Status: in_force

(a) In this section, “Department” means the Crofton Police Department.

(b) There is a Crofton Police Department.

(c) (1) The Department is:

(i) established to provide protection for the Crofton Special Community Benefit District in Anne Arundel County; and

(ii) responsible for enforcing the applicable laws, ordinances, and regulations of the State and Anne Arundel County.

(2) (i) The Department is not an agency of Anne Arundel County.

(ii) The officers, employees, and agents of the Department are not officers, employees, or agents of Anne Arundel County.

(3) Anne Arundel County is not responsible for the acts or omissions of the Department or the officers, employees, or agents of the Department.

(d) (1) There is a Chief of Police of the Department.

(2) (i) The Chief of Police shall be appointed by the Town Manager of the Crofton Special Community Benefit District, with the approval of the Board of Directors of the Crofton Civic Association, Incorporated, acting as administrator of the Crofton Special Community Benefit District.

(ii) The Chief of Police shall be:

1. experienced in the command of uniformed patrols and in the detection and investigation of crime; and

2. selected solely on the basis of qualifications for the position.

(3) (i) The Chief of Police shall be responsible directly to the Town Manager.

(ii) All orders to the Department from the Town Manager shall be directed through the Chief of Police or the designee of the Chief of Police.

(4) (i) The Chief of Police shall command and administer the Department.

(ii) The duties of the Chief of Police include:

1. being responsible for the efficiency and good conduct of the Department;

2. overseeing the general operation of the Department;

3. hiring employees and appointing officers; and

4. disciplining employees and officers.

(5) The Chief of Police:

(i) shall serve at the pleasure of the Town Manager; and

(ii) subject to the approval of the Board of Directors of the Crofton Civic Association, Incorporated, acting as administrator of the Crofton Special Community Benefit District, may be removed by the Town Manager.

(e) (1) A member of the Department has all the powers granted to a peace officer and a police officer of the State.

(2) The powers granted under paragraph (1) of this subsection may be exercised only on property in the Crofton Special Community Benefit District and not on any other property, unless a member of the Department is:

(i) engaged in fresh pursuit of a suspected offender;

(ii) specially requested or allowed to exercise the powers in a political subdivision by the chief executive officer or chief police officer of the political subdivision; or

(iii) ordered to exercise the powers by the Governor.

(3) Members of the Department have concurrent jurisdiction in the performance of their duties with the law enforcement agencies of the State and Anne Arundel County.

(4) This section does not:

(i) relieve the State or Anne Arundel County from a duty to provide police, fire, and other public safety service and protection; or

(ii) affect the jurisdiction of other police, fire, and public safety agencies.

(f) (1) Subject to paragraph (2) of this subsection, the Maryland Police Training and Standards Commission shall adopt standards, qualifications, and prerequisites of character, training, education, human and public relations, and experience for the Department, including standards for the performance of the duties of the Department.

(2) The Maryland Police Training and Standards Commission may delegate to the Board of Directors of the Crofton Civic Association, Incorporated, the authority to adopt standards, qualifications, and prerequisites under paragraph (1) of this subsection.

(g) (1) The Board of Directors of the Crofton Civic Association, Incorporated, acting as administrator of the Crofton Special Community Benefit District, shall adopt rules and regulations governing the operation and conduct of the Department, including its police officers.

(2) The rules and regulations of the Board of Directors concerning police officers shall supplement any rules or regulations of the Maryland Police Training and Standards Commission.

(3) Disobedience to the lawful commands, rules, or regulations of the Maryland Police Training and Standards Commission or the Board of Directors shall be grounds for disciplinary action, including removal.

(h) (1) Funding for the Department shall come from revenue derived from special taxes or assessments imposed on real property located in the Crofton Special Community Benefit District.

(2) The Department or the Board of Directors of the Crofton Civic Association, Incorporated, acting as administrator of the Crofton Special Community Benefit District, may apply for, accept, and spend any gift or grant for the benefit or use of the Department from the federal government, any State unit, any foundation, or any other person.
Md. Code, Health - General § 21-322 — MD Code / Article ghg / Title 21 / Subtitle 3 / Section 21-322
§21–322.
Status: in_force

(a) The Maryland Department of Health and the State Department of Agriculture may:

(1) Inspect for wholesomeness any food donated to a nonprofit corporation, organization, or association; and

(2) Establish procedures for handling food donated to any nonprofit corporation, organization, or association.

(b) (1) In this subsection, “person” shall include a nonprofit corporation, organization, or association.

(2) A person shall have the immunity from liability described under § 5–634 of the Courts Article for any act or omission that affects the nature, age, condition, or packaging of the donated food.
Md. Code, Transportation § 21-311 — MD Code / Article gtr / Title 21 / Subtitle 3 / Section 21-311
§21–311.
Status: in_force

On any divided highway:

(1) A vehicle may be driven only on the right-hand roadway, unless directed or permitted to use another roadway by a traffic control device or a police officer;

(2) A vehicle may not be driven over, across, or within the dividing space, barrier, or section except, unless specifically prohibited by public authority, through an opening in the space, barrier, or section or at a crossover or intersection; and

(3) A vehicle may not be driven on the median strip, unless permitted to do so by public authority.
Md. Code, Alcoholic Beverages and Cannabis § 21-2704 — MD Code / Article gab / Title 21 / Subtitle 27 / Section 21-2704
§21–2704.
Status: in_force

A license holder may not allow an individual under the age of 21 years to loiter about the premises for which the license is issued.
Md. Code, Health - General § 21-820 — MD Code / Article ghg / Title 21 / Subtitle 8 / Section 21-820
§21–820.
Status: in_force

(a) A person may not sell any frozen dessert or frozen dessert mix that was manufactured at a plant for which a license was not then held.

(b) The Secretary may sue to enjoin a person from repeating a violation of this section.
Md. Code, Health - General § 21-211 — MD Code / Article ghg / Title 21 / Subtitle 2 / Section 21-211
§21–211.
Status: in_force

(a) By the issuance, denial, or suspension of permits as provided in this section, the Secretary may regulate the distribution in this State of any class of food that may be contaminated with microorganisms.

(b) (1) The Secretary shall adopt rules and regulations that provide for the issuance of permits to food manufacturers, processors, or packers in any locality if, on investigation, the Secretary finds:

(i) That the distribution in this State of any class of food manufactured, processed, or packed in that locality may be injurious to health because of possible contamination with microorganisms; and

(ii) That the danger imposed by the food normally would not be determinable after the food has entered commerce.

(2) For whatever temporary period of time that may be necessary, the rules and regulations shall specify the conditions necessary to govern the manufacturing, processing, and packing of the class of food in question in order to protect the public from the dangers imposed by that food. These conditions shall be attached to and be considered part of any permit that is issued under this section.

(c) A person may not introduce or deliver for introduction into commerce in this State any food that was manufactured, processed, or packed by an establishment that was required by rule or regulation adopted under this section to hold a permit, unless each manufacturer, processor, and packer of the food held the required permit.

(d) (1) At any reasonable time, a representative of the Secretary may enter any establishment that holds a permit issued under this section and inspect the establishment to determine if it is in compliance with the permit conditions.

(2) If access for inspection is denied to a representative of the Department who is acting under this subsection, the Secretary may suspend the permit of the establishment involved until access is allowed.

(e) (1) If the Secretary finds that an establishment has violated any condition of a permit issued under this section, the Secretary may suspend the permit immediately after giving notice to the permit holder.

(2) The holder of a suspended permit may apply to the Secretary at any time for reinstatement of the permit.

(3) On receipt of an application for reinstatement, the Secretary shall hold a hearing and have the establishment inspected.

(4) If the Secretary finds that adequate measures have been taken to assure compliance with the permit, the Secretary immediately shall reinstate the permit:

(i) As originally issued; or

(ii) With any amendment that, under the provisions of this section, the Secretary considers proper.
Md. Code, State Government § 21-203 — MD Code / Article gsg / Title 21 / Subtitle 2 / Section 21-203
§21–203.
Status: in_force

(a) (1) There is a Maryland Corps Program Advisory Board.

(2) The Advisory Board consists of the following members:

(i) a Board Chair, appointed by the Governor;

(ii) two members jointly appointed by the President of the Senate and the Speaker of the House:

1. one of whom must represent a service organization in the State; and

2. one of whom shall be:

A. a current participant in a public service program; or

B. a former participant in a public service program whose participation ended during the preceding 3 years;

(iii) one member appointed by the President of the Senate;

(iv) one member appointed by the Speaker of the House; and

(v) four members appointed by the Governor, one of whom shall be a representative from the Maryland State Service Commission.

(b) In making appointments to the Advisory Board, the President, Speaker, and Governor shall consider:

(1) the professional or personal experience of the individual in community or other service, nonprofit management, civic engagement, or volunteerism;

(2) the cultural, geographic, racial, ethnic, and gender diversity of the State; and

(3) an individual’s experience and knowledge in workforce development, including regional workforce needs, training, career development programming, and workforce investment boards.

(c) A member of the Advisory Board:

(1) may not receive compensation as a member of the Advisory Board; but

(2) is entitled to reimbursement for expenses under the Standard State Travel Regulations, as provided in the State budget.

(d) (1) The term of a member of the Advisory Board is 4 years.

(2) The terms of the members are staggered as required by the terms provided for members on June 1, 2023.

(3) A member may be reappointed but may not serve more than two consecutive full terms.

(4) At the end of a term, a member continues to serve until a successor is appointed and qualifies.

(e) (1) A member appointed by the President may be removed by the President for the reasons stated in paragraph (5) of this subsection.

(2) A member appointed by the Speaker may be removed by the Speaker for the reasons stated in paragraph (5) of this subsection.

(3) A member appointed by the Governor may be removed by the Governor for the reasons stated in paragraph (5) of this subsection.

(4) The Advisory Board Chair may be removed by the Governor for the reasons stated in paragraph (5) of this subsection.

(5) A member of the Advisory Board may be removed for:

(i) incompetence;

(ii) misconduct;

(iii) immorality; or

(iv) failure to perform the duties of the position.

(f) Advisory Board members are subject to the requirements of Title 5 of the General Provisions Article.

(g) (1) The Advisory Board shall meet at least three times each year.

(2) Advisory Board meetings are subject to the requirements of Title 3 of the General Provisions Article.

(h) The Advisory Board has the following duties and responsibilities:

(1) be a liaison with the Department in:

(i) seeking community service opportunities and opportunities for Program expansion;

(ii) recruiting corps participants;

(iii) seeking gifts or grants and other financial resources for the benefit of the Program; and

(iv) maintaining relationships with current and former corps participants;

(2) advise the Department on best practices for service and volunteerism;

(3) provide oversight of the design, development, implementation, operation, and expansion of the Program;

(4) participate in Program–sponsored events; and

(5) any other duties as determined by the Department.
Md. Code, Transportation § 21-1306 — MD Code / Article gtr / Title 21 / Subtitle 13 / Section 21-1306
§21–1306.
Status: in_force

(a) This section does not apply to any person riding in an enclosed cab.

(b) An individual may not operate or ride on a motorcycle unless the individual is wearing protective headgear that meets the standards established by the Administrator.

(c) A person may not operate a motorcycle unless:

(1) He is wearing an eye-protective device of a type approved by the Administrator; or

(2) The motorcycle is equipped with a windscreen.

(d) The Administrator:

(1) May approve or disapprove protective headgear and eye-protective devices required by this section;

(2) May adopt and enforce regulations establishing standards and specifications for the approval of protective headgear and eye-protective devices; and

(3) Shall publish lists of all protective headgear and eye-protective devices that he approves, by name and type.

(e) (1) The failure of an individual to wear protective headgear required under subsection (b) of this section may not:

(i) Be considered evidence of negligence;

(ii) Be considered evidence of contributory negligence;

(iii) Limit liability of a party or an insurer; or

(iv) Diminish recovery for damages arising out of the ownership, maintenance, or operation of a motorcycle.

(2) Subject to the provisions of paragraph (3) of this subsection, a party, witness, or counsel may not make reference to protective headgear during a trial of a civil action that involves property damage, personal injury, or death if the damage, injury, or death is not related to the design, manufacture, supplying, or repair of protective headgear.

(3) (i) Nothing contained in this subsection may be construed to prohibit the right of a person to institute a civil action for damages against a dealer, manufacturer, distributor, factory branch, or other appropriate entity or person arising out of an incident that involves protective headgear alleged to be defectively designed, manufactured, or repaired.

(ii) In a civil action described under subparagraph (i) of this paragraph in which 2 or more parties are named as joint tort-feasors, interpleaded as defendants, or impleaded as defendants, and at least 1 of the joint tort-feasors or defendants is not involved in the design, manufacture, supplying, or repair of protective headgear, a court shall order on a motion of any party separate trials to accomplish the ends of justice.
Md. Code, Housing and Community Development § 21-103 — MD Code / Article ghs / Title 21 / Subtitle 1 / Section 21-103
§21–103.
Status: in_force

Title 12 of this article applies to the Washington Authority except where it is inconsistent with this title.
Md. Code, Local Government § 21-621 — MD Code / Article glg / Title 21 / Subtitle 6 / Section 21-621
§21–621.
Status: in_force

(a) This part does not impair the rights of Prince George’s County or the City of Bowie to contract with each other for the provision of stormwater management.

(b) This part does not impair the rights of Prince George’s County or the City of Takoma Park to contract with each other, or with other parties, for the provision of stormwater management.
Md. Code, Health - General § 21-312.2 — MD Code / Article ghg / Title 21 / Subtitle 3 / Section 21-312.2
§21–312.
Status: in_force

§21–312.2.

(a) This section applies to a semipermanent food service facility that:

(1) Operates in Anne Arundel County; and

(2) Was licensed under § 21–305 of this subtitle on or before December 1, 2010.

(b) An operator of a semipermanent food service facility shall:

(1) Pump out the onboard wastewater holding tank as frequently as required by Anne Arundel County to avoid creating a public health nuisance;

(2) Remove wastewater by:

(i) Hiring a licensed liquid waste hauler to dispose of the wastewater; or

(ii) Disposing of the wastewater at a wastewater disposal facility approved by Anne Arundel County;

(3) Use a food grade hose and an adequate backflow prevention device to maintain a potable water supply; and

(4) Demonstrate compliance with items (1) and (2) of this subsection by quarterly submitting a record of receipts to the issuer of the license.