Article - Transportation
(a) (1) In
this section the following words have the meanings indicated.
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
(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.
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.
image” means images recorded by a school bus monitoring camera:
1. Two or more
2. Two or more
3. Two or more
4. Videotape; or
5. Any other medium;
(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.
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.
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:
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
(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 $250.
(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 (4) 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
(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
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) Except as provided
in subsection (h)(5) of this section, a citation issued under this
section shall be mailed no later than 2 weeks after the alleged violation.
(4) 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.
(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.
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;
(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, and 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
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
(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
(3) May not be
considered in the provision of motor vehicle insurance coverage.
(k) 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.