# Transportation (GTR)

## Title 19. Vehicle Laws -- Civil Liability of Governmental Agencies

### Subtitle 1

#### Section 19-101

(a) If any police officer of this State or any political subdivision of this State, while otherwise acting within the scope of his authority in enforcing any law, directs the driver of any motor vehicle, other than a police vehicle, to assist him in enforcing that law or in apprehending any person suspected of violating or known to have violated that law, this State or the political subdivision, as the case may be, is liable for the damages or injuries proximately caused by the negligence of the police officer.

(b) This State or a political subdivision of this State may use the defense of contributory negligence and assert the doctrine of last clear chance in an action brought or defense raised under this section.

#### Section 19-102

(a) A police officer may not direct any driver, owner, or passenger of a motor vehicle, other than a police vehicle, to participate in a roadblock.

(b) If any police officer of this State or any political subdivision of this State, while otherwise acting within the scope of his authority in enforcing any law, directs the driver, owner, or passenger of a motor vehicle other than a police vehicle to participate in a roadblock to assist him in enforcing that law or in apprehending any person suspected of violating or known to have violated that law, this State or the political subdivision, as the case may be, is liable for the damages or injuries proximately caused by participation in the roadblock.

(c) This State or a political subdivision of this State may use the defense of contributory negligence and assert the doctrine of last clear chance in an action brought or defense raised under subsection (b) of this section.

#### Section 19-103

(a)

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

  (2) "Emergency service" means:

    (i) Responding to an emergency call;

    (ii) Pursuing a violator or a suspected violator of the law; or

    (iii) Responding to, but not while returning from, a fire alarm.

  (3) "Emergency vehicle" has the same meaning as in Sec. 11-118 of this article.

(b) An operator of an emergency vehicle, who is authorized to operate the emergency vehicle by its owner or lessee while operating the emergency vehicle in the performance of emergency service as defined in subsection (a) of this section shall have the immunity from liability described under Sec. 5-639(b) of the Courts and Judicial Proceedings Article.

(c)

  (1) An owner or lessee of an emergency vehicle, including a political subdivision, is liable to the extent provided in Sec. 5-639(c) of the Courts and Judicial Proceedings Article for any damages caused by a negligent act or omission of an authorized operator while operating the emergency vehicle in the performance of emergency service as defined in subsection (a) of this section.

  (2) An owner or lessee of an emergency vehicle, including a political subdivision, shall have the immunity from liability described under Sec. 5-639(c) of the Courts and Judicial Proceedings Article.

(d) A self-insured jurisdiction shall have the immunity from liability under this section as described under Sec. 5-639(d) of the Courts and Judicial Proceedings Article.

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Md. Code Ann., Transp. (as displayed at mgaleg.maryland.gov, October 16, 2026)