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Statutes Text

Article - Transportation




§22–201.2.

    (a)    Notwithstanding any other provision of this subtitle, if a driver of a vehicle on a highway operates the vehicle’s windshield wipers for a continuous period of time because of impaired visibility resulting from unfavorable atmospheric conditions, the driver shall light the vehicle’s headlamps.

    (b)    A violation of this section is not considered a moving violation for purposes of § 16–402 of this article.

    (c)    (1)    If a person is convicted under this section, the conviction 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 motor vehicle.

        (2)    Subject to the provisions of paragraph (3) of this subsection, a party, witness, or counsel may not make reference to a violation of this section.

        (3)    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 arising out of an incident that involves a defectively installed or defectively operating headlamp.

    (d)    A person who is convicted of a violation of subsection (a) of this section is subject to a fine not to exceed $25.

    (e)    A police officer may enforce the provisions of this section only as a secondary action when the police officer detains a driver of a motor vehicle for a suspected violation of another provision of the Code.



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