Transportation (GTR) — Title 21. Vehicle Laws -- Rules of the Road

Is intended to provide access to the rear or side of a lot or building in an urban district; and

Is not intended for through vehicular traffic.

“Bicycle way” means:

“Bicycle way” includes:

Within the prolongation or connection of the lateral lines of sidewalks at any place where 2 or more roadways of any type meet or join, measured from the curbs or, in the absence of curbs, from the edges of the roadway;

Within the prolongation or connection of the lateral lines of a bicycle way where a bicycle way and a roadway of any type meet or join, measured from the curbs or, in the absence of curbs, from the edges of the roadway; or

Distinctly indicated for pedestrian crossing by lines or other markings.

“Dedicated bus lane” means a lane designated for use by mass transit vehicles owned, operated, or contracted for by the Maryland Transit Administration, the Washington Metropolitan Area Transit Authority, or a local department of transportation.

“Dedicated bus lane” includes transit bus stops located proximate to lanes designated for use by mass transit vehicles.

Has two nontandem wheels;

Is self–balancing;

Is powered by an electric propulsion system;

Has a maximum speed capability of 15 miles per hour; and

Is designed to transport one person.

A median divider separating opposing traffic lanes to eliminate head–on collisions and sideswiping;

Grade separation structures to eliminate the conflict of cross streams of traffic at each intersection;

Points of entrance and exit limited to predetermined locations;

Vertical curves long enough to provide long sight distances; and

Shoulders wide enough to permit vehicles to stop or park out of traffic lanes.

“Intersection” means:

If a divided highway includes two roadways that are 30 feet or more apart, every crossing of each roadway of the divided highway by an intersecting highway is a separate intersection. If the intersecting highway also includes two roadways that are 30 feet or more apart, every crossing of two roadways of these highways is a separate intersection.

Has two or more wheels;

Is propelled only by human power;

Is not a bicycle, as defined in Title 11 of this article; and

Is not a wheelchair.

Is privately owned; and

Is used for vehicular travel by its owner and by those having express or implied permission from the owner, but not by other persons.

Is not a business district; and

Adjoins and includes a highway where the property along the highway, for a distance of at least 300 feet, is improved mainly with residences or residences and buildings used for business.

Is officially set apart for the exclusive use of pedestrians; and

Is protected or is so marked or indicated by adequate signs as to be plainly visible at all times while set apart as a safety zone.

That is intended for use by pedestrians; and

That is between:

On which vehicular traffic is given the right–of–way; and

At the entrances to which vehicular traffic from intersecting highways is required by law to yield the right–of–way to vehicles on that highway or part of a highway, in obedience to either a stop sign or yield sign placed as provided in the Maryland Vehicle Law.

Adjoins and includes any street; and

Is built up with structures that are:

Is usable indoors;

Does not exceed 30 inches in width and 48 inches in length, when measured 2 inches above the ground; and

Is designed for and used by a mobility impaired individual, whether operated manually or powered.

As provided in subsection (b) of this section; and

Where a different or additional place specifically is provided for.

A person may not drive a motor vehicle in violation of any provision of this title on any private property that is used by the public in general, or on any private roadway located within:

A person may not drive a motor vehicle in violation of any provision of this title on any property that is owned by or under the control of this State or any of its political subdivisions, county boards of education, or community colleges and that is open to vehicular traffic and used by the public in general.

Any person who violates any provision of this subsection is in violation of the law to the same extent and is subject to the same penalty as if the motor vehicle were driven on a highway.

A person may not willfully disobey any lawful order or direction of any police officer.

This subsection may not be construed to authorize a police officer at a motor vehicle checkpoint, as defined in § 25–114 of this article, to target only motorcycles for inspection or evaluation, except as appropriate at a police checkpoint established as part of a police search or investigation.

A police officer may summon witnesses to testify under oath on any charge brought under the Maryland Vehicle Law.

A person may not willfully disobey a summons.

Except in Charles, Worcester, and St. Mary’s counties, or as provided in paragraph (2) of this subsection, a person may not ride an animal or drive an animal–drawn vehicle on:

In Anne Arundel County, a person may ride an animal on any part of a highway described in paragraph (1) of this subsection, other than on its roadway or shoulder.

In this subsection, “horse” includes donkeys, mules, and ponies.

An adult who is present and directly supervising a minor may not allow the minor to ride a horse unless the minor is wearing a properly secured helmet that meets or exceeds the standards of the American Society of Testing and Materials for protective headgear used in equestrian riding.

A violation of this subsection involving an adult supervising multiple minors at the same time shall be treated as a single violation.

May operate the golf cart only:

Shall keep the golf cart as far to the right of the roadway as feasible; and

Shall possess a valid driver’s license.

In this section the following words have the meanings indicated.

“Personal delivery device” means a powered device that:

Unreasonably interfere with traffic;

Block public rights–of–way;

Transport hazardous materials regulated under the Hazardous Materials Transport Act and required to be placarded under 49 C.F.R. Part 172, Subpart F; or

Operate on a sidewalk or crosswalk at a speed exceeding 7 miles per hour.

Be visibly marked with a unique identifying number;

Be visibly marked with a means of identifying the personal delivery device operator;

If the personal delivery device operator is acting on behalf of a corporate entity, be visibly marked with contact information for that entity;

Be equipped with a system that enables the personal delivery device to come to a controlled stop;

Be covered by:

Be equipped with lighting devices as required by the Administration after consultation with industry stakeholders;

Obey all traffic and pedestrian control devices; and

Be subject to municipal or county permitting requirements, where applicable.

Prior to beginning operations in the State, each operator of a personal delivery device shall file with the Administrator an emergency response plan designed to inform first responders about the personal delivery device, including information on its equipment and attributes and on how to deal with the device when it is encountered on public rights–of–way.

The Administrator, after consultation with industry stakeholders, may adopt policies outlining what must be included in an emergency response plan.

The Administrator shall be responsible for making each emergency response plan filed with the Administrator available to the appropriate first responder agencies of the State.

Notify the governing body of each county and municipality within which the operator intends to operate the personal delivery device at least 30 days before the operator begins operating the personal delivery device in the county or municipality; and

Comply with all local ordinances, regulations, and rules of each county and municipality for which the operator is required to provide notice under item (1) of this subsection.

The driver of an emergency vehicle registered in any state may exercise the privileges set forth in this section while:

The driver of an emergency vehicle registered in the State or a local jurisdiction in the State may exercise the privileges set forth in this section while performing motorcade or escort duty if the motorcade or escort duty involves:

Park or stand without regard to the other provisions of this title;

Pass a red or stop signal, a stop sign, or a yield sign, but only after slowing down as necessary for safety;

Exceed any maximum speed limit, but only so long as the driver does not endanger life or property;

Disregard any traffic control device or regulation governing direction of movement or turning in a specified direction; and

Travel through any local jurisdiction in the State as necessary to perform and return from motorcade or escort duty.

Subject to paragraph (2) of this subsection, the privileges set forth in this section apply only while the emergency vehicle is using audible and visual signals that meet the requirements of § 22–218 of this article, except that an emergency vehicle operated as a police vehicle need not be equipped with or display the visual signals.

The privileges set forth in subsection (b)(1) of this section apply only while the emergency vehicle is using visual signals that meet the requirements of § 22–218 of this article.

Before exercising the privileges set forth in subsection (b)(5) of this section, the jurisdiction that employs the driver of a motorcade or escort shall provide notice of the motorcade or escort to any jurisdiction that the driver will enter while performing or returning from the motorcade or escort duty.

Pedestrians in the safe crossing of highways at a school crossing;

School vehicles in entering and leaving school grounds; and

Except in Baltimore City, vehicles that are not school vehicles in entering and leaving school grounds.

Is 18 years of age or older;

Is under the control of a local law enforcement agency or a county school board;

Has completed training to perform any traffic direction duties to which the guard is assigned as prescribed by the law enforcement agency or county school board that has control over the school crossing guard; and

Is wearing an appropriate uniform as specified by the law enforcement agency or county school board that has control over the school crossing guard.

Subject to the exceptions granted in this title to the driver of an emergency vehicle, the driver of any vehicle, unless otherwise directed by a police officer, shall obey the instructions of any traffic control device applicable to the vehicle and placed in accordance with the Maryland Vehicle Law.

The driver of a vehicle approaching an intersection controlled by a traffic control device may not drive across private property or leave the roadway for the purpose of avoiding the instructions of a traffic control device.

If a provision of the Maryland Vehicle Law or of an ordinance or regulation of a local authority requires a traffic control device, the provision is unenforceable against an alleged violator if, at the time and place of the alleged violation, the traffic control device is not in proper position and legible enough to be seen by an ordinarily observant individual.

Unless a provision of the Maryland Vehicle Law or of an ordinance or regulation of a local authority states that a traffic control device is required, the provision is effective and enforceable even if no traffic control device is in place.

Except for special pedestrian signals that carry a legend, where traffic is controlled by traffic control signals that show different colored lights or colored lighted arrows, whether successively one at a time or in combination, only the colors green, red, and yellow may be used.

These lights apply to drivers and pedestrians as provided in this section.

Vehicular traffic facing a steady yellow signal is warned that the related green movement is ending or that a red signal, which will prohibit vehicular traffic from entering the intersection, will be shown immediately after the yellow signal.

Unless otherwise directed by a pedestrian control signal as provided in § 21-203 of this subtitle, a pedestrian facing a steady yellow signal is warned that there is not enough time to cross the roadway before a red signal is shown, and a pedestrian may not then start to cross the roadway.

Vehicular traffic facing a steady circular red signal alone:

Vehicular traffic facing a steady red arrow signal:

A right turn; or

A left turn from a one-way street onto a one-way street.

In this section the following words have the meanings indicated.

“Agency” means:

“Recorded images” means images recorded by a traffic control signal monitoring system:

“Traffic control signal monitoring system” means a device with one or more motor vehicle sensors working in conjunction with a traffic control signal to produce recorded images of motor vehicles entering an intersection against a red signal indication.

The agency primarily responsible for traffic control at an intersection monitored by a traffic control signal monitoring system shall ensure that the length of time that a traffic control signal displays a yellow light before changing to a red signal indication is set in accordance with regulations adopted by the State Highway Administration consistent with standards or guidelines established by the Federal Highway Administration.

An agency may not issue a citation for a violation recorded by a traffic control signal monitoring system at a traffic control signal that does not comply with the timing requirements of paragraph (1) of this subsection.

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 (g)(5) of this section, the driver of a motor vehicle is subject to a civil penalty if the motor vehicle is recorded by a traffic control signal monitoring system while being operated in violation of § 21-202(h) of this subtitle.

A civil penalty under this subsection may not exceed $100.

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

Subject to the provisions of paragraphs (2) through (4) of this subsection, an agency shall mail to the owner liable under subsection (d) of this section a citation which shall include:

The agency may mail a warning notice in lieu of a citation to the owner liable under subsection (d) of this section.

Except as provided in subsection (g)(5) of this section, a citation issued under this section shall be mailed no later than 2 weeks after the alleged violation.

An agency may not mail a citation to a person who is not an owner under subsection (a)(3)(ii) of this section.

A person who receives a citation under paragraph (1) of this subsection may:

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

A certificate alleging that the violation of § 21-202(h) of this subtitle occurred, sworn to or affirmed by a duly authorized agent of the agency, based on inspection of recorded images produced by a traffic control signal monitoring system shall be evidence of the facts contained therein and shall be admissible in any proceeding alleging a violation under this section.

Adjudication of liability shall be based on a preponderance of evidence.

The District Court may consider in defense of a violation:

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.

To satisfy the evidentiary burden under paragraph (1)(iv) of this subsection, the person named in the citation shall provide to the District Court evidence to the satisfaction of the court of who was operating the vehicle at the time of the violation, including, at a minimum, the operator’s name and current address.

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;

May be treated as a parking violation for purposes of § 26-305 of this article; and

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

In consultation with local governments, 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.

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.

Any of the following words: “stop”, “curve”, “warning”, “slow”, “danger”, “listen”, “look”, or “school”; or

Any other word used in directing the movement of traffic.

In this section the following words have the meanings indicated.

“Component for electrical current transmission and storage” includes any of the following if it is placed by the authority of a public body or official:

“Intelligent transportation system” includes any of the following if it is placed by the authority of a public body or official:

For a first offense, imprisonment not exceeding 6 months or a fine not exceeding $1,500 or both; and

For a second or subsequent offense, imprisonment not exceeding 18 months or a fine not exceeding $5,000 or both.

The headlights of the vehicle are turned on; and

Subject to § 22-221(g) of this article, the warning lamps of the vehicle are flashing.

At a clearly marked stop line;

If there is no clearly marked stop line, before entering any crosswalk; or

If there is no clearly marked stop line or crosswalk, before entering the intersection;

While overtaking and passing another vehicle going in the same direction, under the rules governing this movement;

Where there is an obstruction that makes it necessary to drive to the left of the center of the highway, but the driver of any vehicle doing so shall yield the right-of-way to any other vehicle that is traveling in the proper direction on the unobstructed part of the highway and is so near as to be an immediate danger;

On a roadway that is divided into three or more clearly marked lanes for vehicular traffic, subject to the rules applicable to these roadways;

On a roadway designated and signposted for one-way traffic; or

On a roadway that is marked or signposted in a manner indicating that a contrary rule exists.

On every roadway, except while overtaking and passing another vehicle going in the same direction or when preparing for a lawful left turn, any vehicle going 10 miles per hour or more below the applicable maximum speed limit or, if any existing conditions reasonably require a speed below that of the applicable maximum, at less than the normal speed of traffic under these conditions, shall be driven in the right–hand lane then available for traffic or as close as practicable to the right–hand curb or edge of the roadway.

On any roadway that is divided into four or more clearly marked lanes for vehicular traffic and that provides for two-way movement of traffic, a vehicle may not be driven on the left of the centerline of the roadway, except:

This subsection does not prohibit the crossing of the centerline of a roadway while making a left turn into or from an alley or a private road or driveway.

If the overtaken vehicle is making or about to make a left turn;

On a highway with unobstructed pavement not occupied by parked vehicles and wide enough for two or more lines of vehicles moving lawfully in the same direction as the overtaking vehicle; or

On any one–way roadway, if the roadway is free from obstruction and wide enough for two or more lines of moving vehicles.

Except as provided in paragraph (2) of this subsection and for an operator of a bicycle or motor scooter, a person may not make the movement described under subsections (a) and (b) of this section by driving off the roadway.

The driver of a vehicle may make the movement described under subsections (a) and (b) of this section by driving outside the marked lane onto the shoulder to overtake and pass a vehicle that is making or about to make a left turn if the driver can do so without leaving the paved surface.

The driver of a vehicle may not drive to the left of the center of the roadway in overtaking and passing another vehicle going in the same direction unless:

The overtaking vehicle shall return to an authorized lane of travel as soon as practicable and, if the passing movement uses a lane authorized for vehicles approaching from the opposite direction, before coming within 200 feet of any approaching vehicle.

This subsection does not apply on a one-way roadway.

The driver of a vehicle may not drive on the left side of any roadway if:

The State Highway Administration may determine those parts of any highway in its jurisdiction where overtaking and passing or driving on the left of the roadway would be especially dangerous and, by appropriate signs or markings on the roadway, may indicate the beginning and end of these zones.

Except as provided in subsection (d) of this section, where the signs or markings are in place and clearly visible to an ordinarily observant individual, every driver of a vehicle shall obey their directions.

Across the left side of the roadway in a no–passing zone while making a left turn, but only if it is safe to do so; and

In accordance with § 21–305 of this subtitle, on the left side of the roadway in a no–passing zone to make the minimum adjustment necessary to overtake and pass at a safe distance a bicycle traveling in the same direction while yielding to the right–of–way of the bicycle and oncoming traffic.

The State Highway Administration may designate any highway or any separate roadway under its jurisdiction for one-way traffic and shall place appropriate signs giving notice of the designation.

On a roadway designated and signposted for one-way traffic, a vehicle may be driven only in the direction designated.

While overtaking and passing another vehicle going in the same direction and while the center lane is clear of traffic within a safe distance;

In preparing to make a left turn; or

When the center lane is allocated exclusively to traffic moving in the same direction that the vehicle is going and the allocation is designated by a traffic control device.

This subsection does not apply to a funeral procession.

A motor vehicle being driven on a roadway outside of a business district or a residential district in a caravan or motorcade, whether or not towing another vehicle, shall be driven to allow enough space between each two vehicles or combination of vehicles so that any other vehicle may enter and occupy the space without danger.

Notwithstanding any other provision of this section, the driver of a nonlead truck in a group of trucks may travel without leaving enough space so that an overtaking vehicle may enter and occupy the space between the trucks if the trucks are:

The Administration shall adopt regulations to carry out this subsection, including regulations governing:

A bus;

A motorcycle;

A plug–in electric drive vehicle displaying a valid permit issued under § 25–108 of this article; and

A tow truck that is properly registered in accordance with § 13–920 of this article and is using any visual signal that meets the requirements of § 22–218 of this article while responding to a call for service if an appropriate law enforcement agency has authorized the tow truck operator to use HOV lanes.

Stop at the entrance to the through highway; and

Yield the right-of-way to any other vehicle approaching on the through highway.

Stop in obedience to the stop sign; and

Yield the right-of-way to any other vehicle approaching on the intersecting highway.

Approach the intersection with caution;

Yield the right-of-way to any other vehicle approaching on the other highway; and

If necessary, stop in order to yield this right-of-way.

The emergency vehicle has stopped; or

Otherwise directed by a police officer.

This subsection applies to a stopped, standing, or parked vehicle that is:

Unless otherwise directed by a police officer or a traffic control device, the driver of a motor vehicle that approaches from the rear a stopped, standing, or parked vehicle to which this subsection applies shall:

A person convicted of a violation of this section is subject to a fine not exceeding $1,000.

This subsection does not apply where:

The driver of a vehicle shall come to a stop when a pedestrian crossing the roadway in a crosswalk is:

The Fund is a special, nonlapsing fund which is not subject to § 7–302 of the State Finance and Procurement Article.

The State Treasurer shall hold the Fund separately, and the Comptroller shall account for the Fund.

The fines collected under § 21–502(e) of this subtitle;

Money appropriated in the State budget for the Fund;

Any interest earnings of the Fund; and

Any other money from any source accepted for the benefit of the Fund.

Developing and providing educational programming for bicyclists, motorists, and pedestrians that raises awareness of their joint responsibility to follow the rules of the road;

Physical design changes that calm traffic, minimize conflicts among street users, and protect bicyclists, motorists, and pedestrians, including design changes such as:

Increasing enforcement of existing rules of the road, such as by using radar speed display signs in areas where pedestrian crashes have occurred.

The Treasurer shall invest the money of the Fund in the same manner as other State money may be invested.

Any investment earnings of the Fund shall be credited to the Fund.

This subsection applies to Prince George’s County.

A child under the age of 15 years may not be found guilty or adjudicated delinquent for a violation of paragraph (2)(i) of this subsection if an adult caused, encouraged, allowed, or petitioned the child in violation of paragraph (2)(ii) of this subsection.

This subsection shall be enforced:

This subsection applies to Anne Arundel County.

This subsection applies only to Allegany County and Cecil County.

In this subsection, “qualified organization” means a fire company or bona fide religious, fraternal, civic, war veterans’, or charitable organization.

Except as provided in paragraph (4) of this subsection, a person may not:

This subsection applies only in Montgomery County.

The County Council of Baltimore County or the governing body of a municipal corporation in Baltimore County, by appropriate resolution or ordinance, may enact a permit program to allow a person to stand in a roadway, median divider, or intersection to solicit money or donations from the occupant of a vehicle.

At least 15 days before the date on which the permit applied for is to be effective, an applicant shall file with the county or municipal corporation an application that contains the following information:

The county or municipal corporation shall examine each application and make any further investigation as deemed necessary in order to determine the truth of the statements made on the application.

The county or municipal corporation shall deny the permit if it determines that:

A permit issued under this subsection shall contain:

A permit shall be signed by the appropriate county or municipal officer.

The term of a permit may not exceed 24 hours.

No more than 12 permits may be issued to the same person in a calendar year.

The county or municipal corporation shall send a copy of each permit issued by the county or municipal corporation to the police department of the county or municipal corporation.

A person to whom a permit is issued shall conspicuously display the permit while soliciting.

This subsection applies only in Frederick County.

Except as provided in paragraph (3) of this subsection, a person may not stand in a roadway, a median divider, or an intersection to solicit money or donations from the occupant of a vehicle.

The county or a municipal corporation in the county may by ordinance enact a permit program to allow a person to stand in a roadway, a median divider, or an intersection to solicit money or donations from the occupant of a vehicle if the solicitation occurs completely in the county or municipal corporation.

If the county or a municipal corporation enacts an ordinance establishing a permit program, the ordinance shall require a person seeking a permit to file an application containing the following information:

The county or municipal corporation:

Subject to paragraph (2) of this subsection, a person may not stand in a roadway, a shoulder, a median divider, or an intersection determined by the county or a municipal corporation in the county to be inherently dangerous.

The county or a municipal corporation in the county shall make a determination on whether a State roadway, shoulder, median divider, or intersection is inherently dangerous in consultation with the State Highway Administration.

A police officer may not issue a citation for a violation of this section unless:

On a State highway, the county or a municipal corporation in the county may install the signs required under paragraph (1) of this subsection only with the approval of the State Highway Administration.

Subject to paragraph (2) of this subsection, a person may not stand in a roadway, shoulder, median divider, or intersection determined by the county or a municipal corporation in the county to be inherently dangerous.

The county or a municipal corporation in the county shall make a determination on whether a State roadway, shoulder, median divider, or intersection is inherently dangerous in consultation with the State Highway Administration.

A police officer may not issue a citation for a violation of this section unless:

The inherently dangerous roadway, shoulder, median divider, or intersection has appropriate signs installed by the county or municipal corporation that notify the public that a person may not stand in violation of this section; and

The signs are installed 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.

On a State highway, the county or a municipal corporation in the county may install the signs required under paragraph (1) of this subsection only with the approval of the State Highway Administration.

A blind or partially blind pedestrian using a guide dog or carrying a cane predominantly white or metallic in color (with or without a red tip);

A deaf or hearing impaired pedestrian accompanied by a guide dog; or

A mobility impaired individual crossing a roadway while using any of the following mobility-assisted devices:

The State Highway Administration or any local authority may place a traffic control device at or near any intersection in its jurisdiction and, with it, direct that vehicles turning at the intersection travel a course different from one specified in this section.

At an intersection where a traffic control device is placed under this subsection, the driver of a vehicle may not turn otherwise than as directed by the device.

May be used to indicate an intention to turn, change lanes, or start from a stopped, standing, or parked position; and

May not be flashed as a courtesy or “do pass” signal to the driver of any other vehicle approaching from the rear.

By hand and arm in conformity with § 21-606 of this subtitle; or

By signal lamps.

If the driver of a vehicle approaches a railroad grade crossing under any of the circumstances stated in paragraph (2) of this subsection, the driver:

The requirements of this subsection apply if:

Shall stop within 50 feet but not less than 15 feet from the nearest rail in the crossing; and

May proceed only on exercising due care.

Every motor vehicle carrying a passenger for hire;

Every school vehicle carrying any passenger;

Every bus that is owned or operated by a church and carrying any passenger;

Every vehicle carrying as cargo a flammable liquid or an explosive; and

Every vehicle carrying hazardous materials of a type and quantity requiring placarding under federal hazardous materials regulations.

This section does not apply to the vehicles described in subsection (a)(1), (4), and (5) of this section, at any railroad grade crossing in a business district or residential district.

This section does not apply to school buses and church buses, as described in subsection (a)(2) and (3) of this section, at locations within Baltimore City where complying with the provision of this section would conflict with the existing traffic signal indications.

This section does not apply to the vehicles described in subsection (a) of this section, at any railroad grade crossing with an exempt highway–rail grade crossing plaque.

A normal operating speed of 10 miles per hour or less; or

A vertical body or load clearance, measured above the level surface of a roadway, of less than:

Notify an agent of the railroad of his intention; and

Afford the railroad reasonable time to provide proper protection at the crossing.

Shall stop within 50 feet but not less than 15 feet from the nearest rail in the crossing;

While stopped, shall listen and look in both directions along the track for any approaching or passing railroad train and for any signals indicating the approach or passage of a railroad train; and

May not proceed until he can do so safely.

The person may not proceed if a warning is given by an automatic signal, crossing gate, flagman, or otherwise of the immediate approach or passage of a railroad train.

If the railroad provides a flagman, the person may proceed over the crossing only at the direction of the flagman.

In this section the following words have the meanings indicated.

“Agency” means:

“Automated railroad grade crossing enforcement system” means a system operated by an agency that records a driver’s response to a traffic control signal or traffic control device located at a railroad grade crossing.

“Violation” means any violation of §§ 21–701 through 21–704 of this subtitle.

An image of the motor vehicle;

An image of the driver of the motor vehicle;

An image of the motor vehicle’s rear license plate;

The time of the violation;

The date of the violation; and

The location of the violation.

Two or more photographs;

Two or more microphotographs;

Two or more electronic images;

Videotape; or

Any other medium.

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 an automated railroad grade crossing enforcement system during the commission of a violation.

A civil penalty under this subsection may not exceed $100.

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

Subject to the provisions of paragraphs (2) through (4) of this subsection, an agency shall mail to the owner liable under subsection (e) of this section a citation that shall include:

The agency may mail a warning notice in lieu of a citation to the owner liable under subsection (e) of this section.

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.

A person who receives a citation under paragraph (1) of this subsection may:

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

A certificate alleging that a violation occurred, sworn to or affirmed by a duly authorized agent of the agency, based on inspection of recorded images produced by an automated railroad grade crossing enforcement system shall be evidence of the facts contained in the certificate and shall be admissible in any proceeding concerning the alleged violation.

Adjudication of liability shall be based on a preponderance of evidence.

The District Court may consider in defense of a violation:

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.

To satisfy the evidentiary burden under paragraph (1)(iv) of this subsection, the person named in the citation shall provide to the District Court evidence to the satisfaction of the court of who was operating the vehicle at the time of the violation, including, at a minimum, the operator’s name and current address.

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;

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