There is a Motor Vehicle Administration in the Department.
The head of the Administration is the Motor Vehicle Administrator, who shall be appointed by the Secretary with the approval of the Governor.
The Administrator serves at the pleasure of the Secretary and shall report directly to him.
Subject to the authority of the Secretary, the Administrator is responsible for carrying out:
The powers and duties vested by law in the Administration; and
Those powers and duties vested in the Secretary and delegated to the Administrator by the Secretary.
The Administrator is entitled to the salary provided in the State budget.
With the approval of the Secretary, the Administrator shall appoint a chief deputy administrator who has the duties provided by law or delegated by the Administrator.
The chief deputy administrator is the acting administrator during periods when the Administrator is absent or disabled.
The chief deputy administrator serves at the pleasure of the Administrator and is entitled to the salary provided in the State budget.
The exercise of the powers and duties of the Administration is subject to the authority of the Secretary.
By regulation or directive, the Secretary may require that the exercise of any power or duty of the Administration be subject to the prior approval of the Secretary.
In addition to the specific powers granted and duties imposed by this title, the Administration has the powers and duties set forth in this section.
The Administration may adopt rules and regulations to carry out:
Those provisions of the Maryland Vehicle Law that relate to or are administered and enforced by the Administration; and
The provisions of any other law that the Administration is authorized to administer and enforce.
The Administration shall maintain as many offices in this State as the Administrator considers necessary to carry out the powers and duties of the Administration.
Each office shall be open on the days and during the hours that the Secretary determines are needed to serve the public.
With the approval of the Secretary, the Administration shall employ the deputies, subordinate officers, clerks, investigators, and other employees necessary to carry out the powers and duties of the Administration.
Except as otherwise provided by law, and subject to § 2-103.4 of this article, each deputy, officer, and employee of the Administration:
Is in the State Personnel Management System; and
Is entitled to the salary provided in the pay plan established under Title 8, Subtitle 1 of the State Personnel and Pensions Article.
The Administration may delegate to the Office of Administrative Hearings the power and authority under the Maryland Vehicle Law to conduct hearings under this article and render final decisions in hearings conducted under this article.
In accordance with § 6–313 of the Courts Article and the Maryland Rules, the Administration shall serve as the agent to receive a subpoena, a summons, or other process for a nonresident driver named as a party in an action brought in a court of this State.
The Administrator may designate employees of the Investigative Division of the Administration to exercise the powers specified in subsection (b) of this section.
An employee appointed under this section may issue citations to the same extent as a police officer if authorized by the Administration, for violations of:
The provisions of Title 13 of this article;
The provisions of Title 17 of this article relating to required security;
The provisions of Title 14 of this article relating to falsified, altered, or forged documents and plates;
The provisions of Title 16 of this article relating to unlawful application for a license, vehicle operation during periods of cancellation, revocation, and suspension of a driver’s license, and duplication or reproduction of an identification card or driver’s license;
The provisions of Title 21 of this article relating to special residential parking permits issued by the Administration;
The provisions of Title 15 of this article;
The provisions of § 22–415 of this article relating to odometers; and
The provisions of this title relating to the issuance of an identification card.
The issuance of citations under this section shall comply with the requirements of § 26–201 of this article.
The Administration shall adopt regulations establishing:
Qualifications for employees appointed under this section including prerequisites of character, training, experience, and education; and
Standards for the performance of the duties assigned to employees appointed under this section.
The Administration shall prepare and provide suitable forms for all applications, certificates of title, registration cards, notices of security interests, drivers’ licenses, and other notices and documents needed to carry out the provisions of the Maryland Vehicle Law and any other law that the Administration is required to administer.
The Administration shall examine and determine the genuineness, regularity, and legality of each application made to it under the Maryland Vehicle Law.
The Administration shall reject an application:
If it is not satisfied as to the genuineness, regularity, or legality of the application or the truth of any statement it contains; or
For any other reason authorized by law.
In this section, “lease” means the rental or leasing of a vehicle for a period exceeding 180 days.
The Administration may conduct investigations and inquiries and require additional information concerning:
Any application made to it under the Maryland Vehicle Law; or
Any other matter subject to the jurisdiction of the Administration.
Each person who leases a motor vehicle, trailer, or semitrailer to another person shall keep a record of:
The registration number of the leased vehicle; and
The name and address of the lessee.
Any police officer or authorized representative of the Administration may inspect the records kept under subsection (c) of this section.
In any matter subject to its jurisdiction, the Administration may subpoena any person or documents and take the testimony of any person, in the same manner and with the same fees and mileage as provided for by law in civil cases.
If any person fails to comply with a lawful order or subpoena issued by the Administration, the Administration may petition a court of competent jurisdiction to compel obedience to the subpoena or order and to compel the production of relevant documents and other evidence.
If the Administration concludes that continuing conduct of a person alleged to be in violation of Title 15 of this article may result in substantial harm to any other person, the Administration may sue for injunctive relief against the conduct.
If the Administration sues for injunctive relief under this subsection against a person who is alleged to have engaged in conduct that requires a license under Title 15 of this article, but who does not have a license, the Administration need not:
Post bond; or
Show that no adequate remedy at law exists.
A suit under this subsection shall be brought in the circuit court for the county where:
The alleged violation occurs; or
The principal place of business of the alleged violator is located.
In administering the Maryland Vehicle Law, the Administrator or any other officer or employee of the Administration designated by the Administrator may administer oaths and take acknowledgments of signatures.
If a person is required to submit any statement or information to the Administration under oath, verification, affirmation, certification, affidavit, or any other similar form, the Administration may require instead that the person sign a certification under penalty of perjury.
A certification required under this section shall be substantially in the following form: “I certify, under penalty of perjury, that the statements made herein are true and correct, to the best of my knowledge, information, and belief.”
The Administration may take possession of any certificate of title, registration card, permit, license, or registration plate:
That is fictitious;
That is issued by it and that:
Has expired;
Has been canceled, suspended, or revoked; or
Was issued unlawfully or erroneously; or
That has been issued by another jurisdiction but is being illegally used or displayed.
The Administration may take possession of any registration card or registration plate that has been issued by another jurisdiction but is being used or displayed:
By a person who has been a resident of the State for more than 60 days; and
By a person who has failed to comply with two or more traffic citations, including citations generated by automated traffic enforcement systems;
By a person whose license or privilege to drive in the State is suspended under § 16–203 of this article; or
On a motor vehicle whose registration has, at any point, been suspended under § 17–106(a) of this article for a period of 6 months or more.
The Administration shall establish a fee for the issuance of any certificate of title, registration card, permit, license, or registration plate issued as a replacement for any certificate of title, registration card, permit, license, or registration plate repossessed by the Administration under this section.
The fee is to be retained by the Administration, and may not be credited to the Gasoline and Motor Vehicle Revenue Account for distribution under § 8-403 or § 8-404 of this article.
Any fee imposed under this subsection shall be in addition to any other fee or penalty imposed by the Administration.
The Administration shall keep a record of each application or other document filed with it and each certificate or other official document that it issues.
Subject to § 4–320 of the General Provisions Article, and except as otherwise provided by law, all records of the Administration are public records and open to public inspection during office hours.
Subject to paragraph (4) of this subsection, the Administrator may classify as confidential and not open to public inspection any record or record entry:
That is over 5 years old; or
That relates to any happening that occurred over 5 years earlier.
Subject to § 4–320 of the General Provisions Article, a record or record entry of any age shall be open to inspection by authorized representatives of any federal, State, or local governmental agency.
Subject to paragraph (3) of this subsection, the Administrator may not open to public inspection any record or record entry that is:
All or part of a licensed driver’s public driving record; and
Over 3 years old.
Subject to paragraph (6) of this subsection, the Administration may not permit public inspection of a digital photographic image or signature of an individual, or the actual stored data thereof, recorded by the Administration.
The Administration may make a digital photographic image or signature of an individual, or the actual stored data thereof, recorded by the Administration available to:
The courts;
Criminal justice agencies;
Driver license authorities;
The individual;
The individual’s attorney;
Third parties designated by the individual; and
The Child Support Administration.
Except for records required by law to be kept in their original or other specified form, the Administrator may order any record of the Administration to be kept on microfilm or in other microform, and the original destroyed.
Except for records required by law to be kept longer, the Administrator may destroy any record of the Administration that it has kept for 3 years or more and that the Administrator considers obsolete and unnecessary to the work of the Administration.
Unless the information is classified as confidential under § 12–111 of this subtitle or otherwise as provided by law, and subject to § 4–320 of the General Provisions Article, the Administration may furnish listings of vehicle registration and other public information in its records to those persons who request them, but only if the Administration approves of the purpose for which the information is requested.
The Administration shall charge a fee for any listing furnished under this section. The fee charged may not be less than the cost to this State of preparing that listing. The revenue from the fee shall not be subject to the distribution provisions of Title 8, Subtitle 4 of this article.
A person furnished any information under this section is prohibited from distributing or otherwise using the information for any purpose other than that for which it was furnished.
In this subsection the following terms have the meanings indicated.
“Personal information” has the meaning indicated in § 4–101(g) of the General Provisions Article.
“Telephone solicitation” has the meaning indicated in § 4–320(a) of the General Provisions Article.
The Administration may not disclose personal information for inclusion in listings of information for use in surveys, marketing, or solicitations without written consent from the person in interest.
An individual may allow disclosure of personal information under this section when applying for or renewing a driver’s license, certificate of title, registration, or identification card or by notifying the Administrator in writing at any time.
The Administration may not disclose personal information under this section for use in telephone solicitations.
This subsection does not prevent the Administration from furnishing personal information under this section:
To another governmental agency, including the Uninsured Division of the Maryland Automobile Insurance Fund to carry out the Uninsured Division’s functions under Title 20 of the Insurance Article; or
For another purpose permissible under § 4–320 of the General Provisions Article.
On request, but not less than annually, the Administration shall provide to the jury commissioners:
The list of individuals who are at least 18 years old and have been issued a driver’s license by the Administration; and
The list of individuals who are at least 18 years old and have been issued an identification card by the Administration.
The Administration shall provide the lists described in this subsection without cost to the jury commissioners.
On application by the Attorney General, a circuit court may compel compliance with this section.
Subject to § 12–111 of this subtitle and § 4–320 of the General Provisions Article, the Administrator or any other officer or employee of the Administration designated by the Administrator may furnish on request a copy or a certified copy of any record of the Administration.
The Administration may establish and charge a fee for each record it furnishes or certifies. The revenue from the fee shall not be subject to the distribution provisions of Title 8, Subtitle 4 of this article.
No charge shall be made to a police agency, fire department, or court in this or any other state or a police agency or court of the United States government.
The fee established and charged under this section may exceed the amounts authorized under § 4–206 of the General Provisions Article.
A certified copy of any record of the Administration or comparable agency of any state is admissible in any judicial proceeding in the same manner as the original of the record.
A computer printout of any driving record or vehicle registration record of the Administration that has been obtained by a law enforcement unit, as defined in § 10–101(f) of the Criminal Procedure Article, or court through a computer terminal tied into the Administration is admissible in any judicial proceeding in the same manner as the original of the record.
The computer printout of the driving record or vehicle registration record shall contain:
The date the record was printed; and
A jurisdiction code identifying the site where the record was printed.
If a subpoena is issued to the Administrator or any other official or employee of the Administration for the production in any judicial proceeding of the original or a copy of any book, paper, entry, record, proceeding, or other document of the Administration:
The Administrator or other official or employee of the Administration need not appear personally; and
Submission of a certified copy or photostat of the requested document is full compliance with the subpoena.
On motion and for good cause shown, the court may compel the attendance of an authorized representative of the Administration to answer the subpoena for the production of documents.
In this section the following words have the meanings indicated.
“Agency” means a State police department, the State Highway Administration, a local police department, or another local agency that implements and operates an automated enforcement program.
“Appropriate traffic enforcement purpose” means the detection, investigation, or analysis of, or assessment or adjudication of liability for, a violation.
“Automated enforcement” means the use of cameras, monitoring devices, and other technology by an agency to capture recorded images of a motor vehicle being operated in violation of a traffic law.
“Facial recognition technology” means a biometric software application that identifies or verifies the identity of an individual by comparing and analyzing patterns based on an individual’s facial contours.
“Law enforcement agency” has the meaning stated in § 3–201 of the Public Safety Article.
“Program” means an automated enforcement program implemented and operated by an agency.
“Recorded image or associated data” means any image or data recorded under a program by electronic or digital means, by photographic means, or by way of any other medium that:
Shows a motor vehicle;
Clearly identifies the entire registration plate number of the motor vehicle; and
May constitute evidence of a violation.
“Violation” means a traffic violation that a particular automated enforcement system is intended to capture.
This section applies to:
Traffic control signal monitoring systems under § 21–202.1 of this article;
Automated railroad grade crossing enforcement systems under § 21–704.1 of this article;
School bus monitoring cameras under § 21–706.1 of this article;
Stop sign monitoring systems under § 21–707.1 of this article;
Speed monitoring systems under § 21–809 of this article;
Work zone speed control systems under § 21–810 of this article;
Safety corridor speed monitoring systems under § 21–810.1 of this article;
Bus lane monitoring systems under § 21–1134 of this article;
Noise abatement monitoring systems under § 22–612 of this article;
Vehicle height monitoring systems under § 24–111.3 of this article; and
Any other automated traffic enforcement system authorized under State law.
Except as provided in paragraphs (2) and (3) of this subsection, an agency may not access or use a recorded image or associated data without a warrant, subpoena, or court order unless the access or use is for an appropriate traffic enforcement purpose.
Subject to subparagraph (ii) of this paragraph, a law enforcement agency may access and use a recorded image or associated data already retained by the law enforcement agency if:
The law enforcement agency documents a request to access and use the recorded image or associated data that articulates a specific legitimate law enforcement purpose for accessing and using the recorded image or associated data; and
The custodian of the recorded image or associated data maintains a written record of the request and whether or not the request was granted.
A law enforcement agency that accesses a recorded image or associated data under this paragraph may use the recorded image or associated data only for the legitimate law enforcement purpose described in the request required by subparagraph (i)1 of this paragraph.
An employee or a contractor of an agency may access and use a recorded image and associated data:
To administer and process citations or to audit or evaluate the accuracy of the automated enforcement system; and
In a manner consistent with subsection (d) of this section.
An agency that knowingly violates this subsection is subject to a fine not exceeding $1,000 for each violation.
An agency shall immediately remove from its records and destroy any recorded image or associated data captured under a program that does not constitute evidence of a violation.
A recorded image or associated data captured under a program that constitutes evidence of a violation may be retained only until the earlier of:
1 year following the conclusion of any criminal investigation or the exhaustion of all the avenues of adjudication for the violation; or
5 years after the day on which the recorded image or associated data was captured.
Before an agency removes and destroys a recorded image or associated data, the agency may disaggregate the data for analysis purposes in a manner that does not identify any individual or vehicle.
An agency that implements and operates a program shall adopt procedures relating to the operation of the program and the use of automated enforcement systems.
The procedures shall:
Identify the employee classifications in the agency that have authorization to access or use recorded images and associated data produced by an automated enforcement system;
Establish an audit process to ensure that information obtained through the use of an automated enforcement system is used only for appropriate traffic enforcement purposes as authorized in this section;
Establish procedures and safeguards to ensure that agency personnel with access to recorded images and associated data are adequately screened and trained;
Establish procedures and safeguards for the secure storage of the recorded images and associated data before the images and data are removed and destroyed; and
Establish procedures for the removal and destruction of recorded images and associated data.
Recorded images and associated data shall be stored using software that is independent from and inaccessible to other systems and networks.
An automated enforcement system shall be situated and focused in a manner that:
Captures recorded images and associated data of violations; and
To the maximum extent possible, does not capture identifying images of the driver, other drivers or vehicles, or pedestrians.
An automated enforcement system may not use biometric identifying technology, including facial recognition technology.
An agency or a contractor of an agency may not sell or otherwise transfer or share recorded images and associated data with another person other than:
A person alleged to be liable for a civil violation recorded by an automated enforcement system;
A court of competent jurisdiction when adjudicating liability; or
Another law enforcement agency for use only in an ongoing investigation, after the other law enforcement agency has obtained an appropriate warrant, subpoena, or court order.
A law enforcement agency that receives recorded images or associated data under subparagraph (i)3 of this paragraph is subject to the prohibitions and requirements of this section.
Unless another method for giving notice is specifically required, the Administration shall give any notice that it is required or authorized to give under the Maryland Vehicle Law or any other law, either:
By personal delivery to the person to be notified; or
By mail to the person at the address of the person on record with the Administration.
If notice is given by mail, the notice is effective at the end of the fifth day after its deposit in the mail.
Proof that notice has been given may be made by the certificate of any officer or employee of the Administration or the affidavit of any adult, naming the person to whom the notice was given and stating the time, place, and manner of giving the notice.
The Administration may publish a summary of the laws of this State that relate to the operation of vehicles and may give a copy of the summary, without charge, with each original vehicle registration and original driver’s license that it issues.
The Administration may publish copies of the Maryland Vehicle Law and related laws and of the rules and regulations adopted under those laws, which shall be made available to the public on request.
The Administration shall charge a price for each copy, not to exceed the cost of its preparation, publication, and mailing. However, copies of the laws may be given free of charge to law enforcement agencies, public officials, and courts.
If any person gives a check to the Administration to pay for any charge or for any other purpose and the check is not honored by the bank on which it is drawn, the Administration may impose a service charge to be retained by the Administration for the purpose of recovering check handling costs and shall not be credited to the Gasoline and Motor Vehicle Revenue Account for distribution under § 8-403 or § 8-404 of this article. This service charge shall be equal to the greater of:
Not more than 10 percent of the amount of the check; or
$25.
In or near any building or property used by the Administration for its business, a person may not:
Interfere with any person doing business for or with the Administration; or
For a fee charged directly or indirectly, solicit any person:
To assist that person in obtaining a driver’s license, certificate of title, vehicle registration, or other license or document; or
To file any statement for that person.
Except as specifically provided by law, all money received under the Maryland Vehicle Law shall be accounted for and remitted to the State Comptroller.
Out of the money remitted to the State Comptroller under the Maryland Vehicle Law, the State Comptroller shall:
Pay or retain enough to pay all refunds of taxes or fees provided for in the Maryland Vehicle Law;
Credit to the Gasoline and Motor Vehicle Revenue Account of the Transportation Trust Fund the revenues specified in § 8–402 of this article, after retaining enough to pay:
The salaries and other expenses of the State Highway Administration in enforcing Title 24 of this article;
The salaries and other expenses of the Commercial Vehicle Enforcement Division of the Department of State Police as approved by the Department in enforcing Title 23, Subtitle 4 of this article, Title 24 of this article, the provisions of the Tax – General Article on the motor carrier tax, and the provisions of Title 10 of the Business Regulation Article on motor fuel fraud and motor fuel tax fraud;
Funds required, in addition to the funding provided in § 13–804 of this article, for the salaries and other expenses of the Automotive Safety Enforcement Division of the Department of State Police as approved by the Department in enforcing Title 23 of this article and Subtitle 6 of Title 22 of this article; and
The salaries and other expenses of the Department of State Police and other State agencies, as approved by the Department, in enforcing the provisions of § 25–111 of this article; and
Credit the balance to the Transportation Trust Fund.
Except as provided in paragraphs (2) and (3) of this subsection, notwithstanding any other law and in addition to any other exceptions provided by law, all costs, fines, penalties, and forfeitures received by or paid to the District Court under the Maryland Vehicle Law shall be collected and remitted as provided in the Courts Article.
The Comptroller shall distribute revenue from the civil fines collected through use of a work zone speed control system controlled by a State agency under § 21–810 of this article to a special fund, to be used only as provided in subsection (e) of this section.
The Comptroller shall distribute revenue from the civil fines collected through the use of a safety corridor speed monitoring system controlled by a State agency under § 21–810.1 of this article to a special fund to be used only as provided in subsection (f) of this section.
Except as provided in subsection (b) of this section, and except for funds received from the Department and the Maryland Transportation Authority for services rendered under agreements with the Department and the Maryland Transportation Authority, the salaries and expenses of the Department of State Police and the State Police Retirement System shall be paid from the general funds of this State.
Money in the special fund established under subsection (c)(2) of this section:
Shall be distributed first to the Department of State Police and the State Highway Administration to cover the costs of implementing and administering work zone speed control systems;
After the distribution under item (1) of this subsection, 25% of any remaining balance shall be distributed to the Department of State Police to be used only for the purchase of replacement vehicles and related motor vehicle equipment used to outfit police vehicles; and
After the distributions under items (1) and (2) of this subsection, the remaining balance shall be distributed to the Transportation Trust Fund for:
Highway and work zone safety purposes; and
State Highway Administration system preservation.
Money in the special fund established under subsection (c)(3) of this section shall be distributed first to the State Highway Administration to cover the costs of implementing and administering safety corridor speed monitoring systems.
After the distribution under subparagraph (i) of this paragraph, the remaining balance shall be distributed to the Transportation Trust Fund for:
Highway safety purposes; and
State Highway Administration system preservation.
Money distributed to the State Highway Administration under paragraph (1) of this subsection is supplemental to and is not intended to take the place of funding that would otherwise be appropriated for the uses described under paragraph (1) of this subsection.
Every rule, regulation, form, order, and directive adopted by or relating to the former Department of Motor Vehicles or the Commissioner of Motor Vehicles remains in effect until changed by the Administration or the Secretary. Every reference in this Code, any other law, ordinance, resolution, rule, regulation, order, directive, legal action, contract, or any other document referring to the Department of Motor Vehicles or the Commissioner of Motor Vehicles means the Administration or the Administrator, respectively.
In this section, “miscellaneous fees” means all fees collected by the Administration under this article other than:
The vehicle titling tax;
Three–fourths of the certificate of title fee under §§ 13–802 and 13–805 of this article; and
Vehicle registration fees under Part II of Title 13, Subtitle 9 of this article.
Except as provided in this section, the Administration may not alter the miscellaneous fees that the Administration is authorized under this article to establish.
Subject to the limitations under subsection (d) of this section, before the start of any fiscal year the Administration by regulation may alter, effective beginning in the upcoming fiscal year, the levels of the miscellaneous fees that the Administration is authorized under this article to establish.
The Administration shall alter the levels of miscellaneous fees for the upcoming fiscal year if the projected cost recovery under subsection (d) of this section exceeds 105%.
The Administration shall set the levels of miscellaneous fees so that the total amount of projected revenues from all miscellaneous fees for the upcoming fiscal year is at least 100% but does not exceed 105% of the sum of:
The operating budget of the Administration for that fiscal year as approved by the General Assembly in the annual State budget;
The average annual capital program of the Administration as reported in the 6–year Consolidated Transportation Program described in § 2–103.1 of this article; and
The Administration’s portion of the cost for that fiscal year of the Department’s data center operations, except for the cost of data center operations attributable to other administrations’ activities.
The Administration may not alter miscellaneous fees more than once in any fiscal year.
The Administration need not reduce fees for the upcoming fiscal year if legislative budget modifications cause the projected cost recovery percentage to exceed 105%.
The level of a miscellaneous fee set by the Administration remains in effect until again altered by the Administration as provided under this section.