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:
Shall stop within 50 feet but not less than 15 feet from the nearest rail in the crossing; and
May not proceed until he can do so safely.
The requirements of this subsection apply if:
A clearly visible electric or mechanical signal device warns of the immediate approach or passage of a railroad train;
A crossing gate is lowered;
A flagman signals the approach or passage of a railroad train;
A railroad train approaching within 1,500 feet of the crossing gives a signal audible to traffic approaching the crossing and the railroad train, because of its speed or nearness to the crossing, is an immediate danger; or
A railroad train is plainly visible and is in or is approaching dangerously near to the crossing.
A person may not drive any vehicle through, around, or under any crossing gate or barrier at a railroad grade crossing while the gate or barrier is closed or is being opened or closed.
The State Highway Administration and any local authority with the approval of the State Highway Administration may place a stop sign at any railroad grade crossing of a highway that the local authority or State Highway Administration designates as a particularly dangerous crossing.
If the driver of a vehicle approaches the stop sign, the driver:
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.
Except as provided in subsection (g) of this section, this section applies to:
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.
If the driver of any vehicle described in subsection (a) of this section approaches a railroad grade crossing, the driver shall stop within 50 feet but not less than 15 feet from the nearest rail in the crossing.
If the driver of any vehicle described in subsection (a) of this section approaches a railroad grade crossing, the driver, 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.
If the driver of any vehicle described in subsection (a) of this section approaches a railroad grade crossing, the driver may not proceed until he can do so safely.
If the driver of any vehicle described in subsection (a) of this section approaches a railroad grade crossing, the driver may proceed only in that gear of the vehicle in which it will be unnecessary to shift gears manually while passing through the crossing.
If the driver of any vehicle described in subsection (a) of this section approaches a railroad grade crossing, the driver may not shift gears manually while passing over any track of the railroad.
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.
Unless otherwise provided in this subtitle, upon approaching a railroad grade crossing, the operator of every commercial motor vehicle shall:
Slow down and check that the tracks are clear of an approaching train;
Stop before reaching the crossing, if the tracks are not clear;
Attempt to negotiate the crossing only if the crossing and the roadway beyond the crossing are sufficiently clear of other traffic so that the driver can drive completely through and clear of the crossing without stopping;
Obey a traffic control device or the directions of a police officer at the crossing; and
Attempt to negotiate the crossing only if the vehicle has sufficient undercarriage clearance.
Unless a person has complied with this section, he may not drive or move on or across any railroad grade crossing any power shovel, derrick, roller, crawler–type tractor, or other equipment or structure that has:
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:
One–half inch for each foot of the distance between any two adjacent axles; or
9 inches.
Before any person drives or moves any equipment described in subsection (a) of this section on or across any railroad grade crossing, the person shall:
Notify an agent of the railroad of his intention; and
Afford the railroad reasonable time to provide proper protection at the crossing.
When the person approaches the crossing, he:
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:
For an automated railroad grade crossing enforcement system operated and maintained at a railroad grade crossing in Montgomery County or Prince George’s County that is under the control of the State, the law enforcement agency of the State primarily responsible for traffic control at that railroad grade crossing;
For an automated railroad grade crossing enforcement system operated and maintained at a railroad grade crossing under the control of Prince George’s County or a municipal corporation in Prince George’s County, a law enforcement agency of Prince George’s County or the municipal corporation that is authorized to issue citations for a violation of the Maryland Vehicle Law or of local traffic laws or regulations at that railroad grade crossing; or
For an automated railroad grade crossing enforcement system operated and maintained at a railroad grade crossing under the control of Montgomery County or a municipal corporation in Montgomery County, a law enforcement agency of Montgomery County or the municipal corporation that is authorized to issue citations for a violation of the Maryland Vehicle Law or of local traffic laws or regulations at that railroad grade crossing.
“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.
“Owner” means the registered owner of a motor vehicle or a lessee of a motor vehicle under a lease of 6 months or more.
“Owner” does not include a motor vehicle rental or leasing company or a holder of a special registration plate issued under Part III of Title 13, Subtitle 9 of this article.
“Violation” means any violation of §§ 21–701 through 21–704 of this subtitle.
This section applies only in Montgomery County and Prince George’s County.
A recording by an automated railroad grade crossing enforcement system under this section indicating that the driver of a motor vehicle has committed a violation shall include:
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.
The recording shall be made on:
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:
A uniform citation form consistent with subsection (f)(1) of this section and § 7–302 of the Courts Article; and
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.
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 name and address of the registered owner of the vehicle;
The registration number of the motor vehicle involved in the violation;
The violation charged;
The location of the railroad grade crossing;
The date and time of the violation;
A copy of the recorded image;
The amount of the civil penalty imposed and the date by which the civil penalty must be paid;
A signed statement by a technician employed by the agency that, based on inspection of recorded images, the motor vehicle was being operated during the commission of a violation;
A statement that recorded images are evidence of a violation; and
Information advising the person alleged to be liable under this section:
Of the manner and time in which liability as alleged in the citation may be contested in the District Court; and
Warning 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.
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:
Pay the civil penalty, in accordance with instructions on the citation, directly to Montgomery County or Prince George’s County, or to the District Court; or
Elect to stand trial for the alleged violation.
To mail the citation or warning notice, an agency shall use:
The current mailing address on file with the Administration; or
If a mailing address is unavailable, the current residential address on file with the Administration.
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:
That the driver of the vehicle passed through the railroad grade crossing in a manner that would constitute a violation:
In order to yield the right–of–way to an emergency vehicle; or
As part of a funeral procession in accordance with § 21–207 of this title;
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;
That under § 21–201 of this title, this section is unenforceable against the owner because at the time and place of the alleged violation, the traffic control signal or traffic control device was not in proper position and was unable to be seen by an ordinarily observant individual;
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; and
Any other issues and evidence that the District Court deems pertinent.
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.
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.
To satisfy the evidentiary burden under paragraph (1)(iv) 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 requested, that:
States that the person named in the citation was not operating the vehicle at the time of the violation; and
Provides the name, address, and driver’s license identification number of the person who was operating the vehicle at the time of the violation.
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 agency issuing the citation a copy of any evidence substantiating who was operating the vehicle at the time of the violation.
On the receipt of substantiating evidence from the District Court under subparagraph (i) of this paragraph, an 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.
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 Court.
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.
A violation for which a civil penalty is imposed under this section:
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 law enforcement agencies in Montgomery County and Prince George’s County, the Chief Judge of the District Court shall adopt procedures for the issuance of citations, the trial of 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.
The driver of a vehicle emerging from an alley, driveway, or building shall stop immediately before driving onto a sidewalk or onto the sidewalk area that extends across the alley, driveway, or building exit.
The driver of a vehicle emerging from an alley, driveway, or building shall yield the right-of-way to any pedestrian.
The driver of a vehicle emerging from an alley, driveway, or building shall on entering the roadway, yield the right-of-way to any other vehicle approaching on the roadway.
The driver of a vehicle entering an alley, driveway, or building shall yield the right-of-way to any pedestrian.
If a school vehicle has stopped on a roadway and is operating the alternately flashing red lights specified in § 22–228 of this article, the driver of any other vehicle meeting or overtaking the school vehicle shall stop at least 20 feet from the rear of the school vehicle, if approaching the school vehicle from its rear, or at least 20 feet from the front of the school vehicle, if approaching the school vehicle from its front.
If a school vehicle has stopped on a roadway and is operating the alternately flashing red lights specified in § 22–228 of this article, the driver of any other vehicle meeting or overtaking the school vehicle may not proceed until the school vehicle resumes motion or the alternately flashing red lights are deactivated.
This section does not apply to the driver of a vehicle on a divided highway, if the school vehicle is on a different roadway.�
A person convicted of a violation of this section is subject to a fine not exceeding $1,000.
In this section the following words have the meanings indicated.
“Law 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 regulations.
“Owner” means the registered owner of a motor vehicle or a lessee of a motor vehicle under a lease of 6 months or more.
“Owner” does not include:
A motor vehicle leasing company; or
A holder of a special registration plate issued under Title 13, Subtitle 9, Part III of this article.
“Recorded image” means images recorded by a school bus monitoring camera:
On:
Two or more photographs;
Two or more microphotographs;
Two or more electronic images;
Videotape; or
Any other medium; and
Showing a motor vehicle and, on at least one image or portion of tape, clearly identifying the registration plate number of the motor vehicle.
“School 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.
“Violation” means a violation of § 21–706 of this subtitle.
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.
The report, to the extent possible, shall include:
Information pertaining to the identity of the alleged violator;
The license number and color of the vehicle involved in the violation;
The time and location at which the violation occurred; and
An identification of the vehicle as an automobile, station wagon, truck, bus, motorcycle, or other type of vehicle.
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:
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;
That there is insufficient evidence for the issuance of a citation;
That the warning does not constitute a finding that the owner is guilty of the violation; and
The requirements of § 21–706 of this subtitle.
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.
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.
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 include:
An image of the motor vehicle;
An image of at least one of the motor vehicle’s registration plates;
The time and date of the violation; and
To the extent possible, the location of the violation.
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.
A civil penalty under this subsection may not exceed $500.
For purposes of this section, the District Court shall prescribe:
A uniform citation form consistent with subsection (f)(1) of this section and § 7–302 of the Courts Article; and
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.
Subject to the provisions of paragraphs (2) through (5) of this subsection, a law enforcement agency shall mail to the owner liable under subsection (e) of this section a citation that shall include:
The name and address of the registered owner of the vehicle;
The registration number of the motor vehicle involved in the violation;
The violation charged;
To the extent possible, the location of the violation;
The date and time of the violation;
A copy of the recorded image;
The amount of the civil penalty imposed and the date by which the civil penalty must be paid;
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;
A statement that recorded images are evidence of a violation; and
Information advising the person alleged to be liable under this section:
Of the manner and time in which liability as alleged in the citation may be contested in the District Court; and
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.
The law enforcement agency may mail a warning notice in place of a citation to the owner liable under subsection (e) of this section.
Before mailing a citation to a motor vehicle rental company liable under subsection (e) of this section, a law enforcement agency shall mail a notice to the motor vehicle rental company stating that a citation will be mailed to the motor vehicle rental company unless, within 45 days of receiving the notice, the motor vehicle rental company provides the law enforcement agency with:
A statement made under oath that states the name and last known mailing address of the individual driving or renting the motor vehicle when the violation occurred;
A statement made under oath that states that the motor vehicle rental company is unable to determine who was driving or renting the vehicle at the time the violation occurred because the motor vehicle was stolen at the time of the violation; and
A copy of the police report associated with the motor vehicle theft claimed under item A of this item; or
Payment for the penalty associated with the violation.
A law enforcement agency may not mail a citation to a motor vehicle rental company liable under subsection (e) of this section if the motor vehicle rental company complies with subparagraph (i) of this paragraph.
Except as provided in paragraph (3) of this subsection and 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:
Pay the civil penalty, in accordance with instructions on the citation, directly to the county; or
Elect to stand trial for the alleged violation.
To mail the citation or warning notice, a law enforcement agency shall use:
The current mailing address on file with the Administration; or
If a mailing address is unavailable, the current residential address on file with the Administration.
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.
Adjudication of liability shall be based on a preponderance of evidence.
The District Court may consider in defense of a violation:
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;
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; and
Any other issues and evidence that the District Court deems pertinent.
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)(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.
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, or Class P (passenger bus) vehicle.
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 requested, that:
States that the person named in the citation was not operating the vehicle at the time of the violation; and
Provides the name, address, and driver’s license identification number of the person who was operating the vehicle at the time of the violation.
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.
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.
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 Court.
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.
A violation for which a civil penalty is imposed under this section:
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 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.
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.
Unless otherwise directed by a police officer or traffic control signal, the driver of a vehicle approaching a stop sign at an intersection shall stop at the near side of the intersection at a clearly marked stop line.
Unless otherwise directed by a police officer or traffic control signal, the driver of a vehicle approaching a stop sign at an intersection shall stop at the near side of the intersection and, if there is no clearly marked stop line, before entering any crosswalk.
Unless otherwise directed by a police officer or traffic control signal, the driver of a vehicle approaching a stop sign at an intersection shall stop at the near side of an intersection and, if there is no crosswalk, at the nearest point before entering the intersection that gives the driver a view of traffic approaching on the intersecting roadway.
The driver of a vehicle approaching a yield sign at an intersection, if required for safety to stop, shall stop at the near side of the intersection at a clearly marked stop line.
The driver of a vehicle approaching a yield sign at an intersection, if required for safety to stop, shall stop at the near side of the intersection and, if there is no clearly marked stop line, before entering any crosswalk.
The driver of a vehicle approaching a yield sign at an intersection, if required for safety to stop, shall stop at the near side of the intersection and, if there is no crosswalk, at the nearest point before entering the intersection that gives the driver a view of traffic approaching on the intersecting roadway.
This section applies only in:
Prince George’s County;
The 41st, 45th, and 46th Legislative Districts in Baltimore City;
The City of Gaithersburg;
The City of Rockville; and
The City of Takoma Park.
In this section the following words have the meanings indicated.
“Agency” means a law enforcement agency that is authorized to issue a citation for a violation of the Maryland Vehicle Law or of local traffic laws or regulations.
“Owner” means the registered owner of a motor vehicle or lessee of a motor vehicle under a lease of 6 months or more.
“Owner” does not include:
A motor vehicle leasing company; or
A holder of a special registration plate issued under Title 13, Subtitle 9, Part III of this article.
“Recorded image” means images recorded by a stop sign monitoring system:
On:
Two or more photographs;
Two or more microphotographs;
Two or more electronic images;
Videotape; or
Any other medium; and
Showing a motor vehicle and, on at least one image or portion of tape, clearly identifying the registration plate number of the motor vehicle.
“Stop sign monitoring system” means a device designed to capture a recorded image of a violation.
“Violation” means a failure to come to a complete stop at a stop sign in violation of § 21–707 of this subtitle.
“Violation” does not include any action a driver is instructed to take by a police officer.
Subject to paragraphs (2) through (5) of this subsection, an agency may use stop sign monitoring systems:
On highways located in a school zone maintained by a local jurisdiction, if authorized by the governing body of the local jurisdiction; or
On State highways located in a school zone, if authorized by the State Highway Administration.
A stop sign monitoring system:
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; and
In Prince George’s County, may only be used at a location approved by the Prince George’s County Council.
Prince George’s County shall prioritize the placement of stop sign monitoring systems within municipalities that have high violation rates.
Before beginning use of stop sign monitoring systems, an agency shall publish notice that the agency has adopted the use of stop sign monitoring systems on its website and, in Baltimore City and Prince George’s County only, in a newspaper of general circulation in the jurisdiction in which the stop sign monitoring system will be used.
A local jurisdiction that implements a stop sign monitoring system shall prominently place signs on highways within the local jurisdiction providing notice that stop sign monitoring systems are used in the local jurisdiction.
The State Highway Administration shall place signs prominently providing notice that stop sign monitoring systems are in use on State highways.
A recorded image under this section indicating that the driver of a motor vehicle has committed a violation shall include:
The time and date of the violation; and
To the extent possible, the location of the violation.
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 (f)(3) or (h)(4) or (5) of this section, the driver of a motor vehicle is subject to a civil penalty if the motor vehicle is recorded by a stop sign monitoring system during the commission of a violation.
A civil penalty under this subsection may not exceed $40.
For purposes of this section, the District Court shall prescribe:
A uniform citation form consistent with subsection (f)(1) of this section and § 7–302 of the Courts Article; and
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.
Subject to the provisions of paragraphs (2) through (5) of this subsection, an agency shall mail to the owner liable under subsection (e) of this section a citation that shall include:
The name and address of the registered owner of the vehicle;
The registration plate number of the motor vehicle involved in the violation;
The violation charged;
To the extent possible, the location of the violation;
The date and time of the violation;
A copy of the recorded image;
The amount of the civil penalty imposed and the date by which the civil penalty must be paid;
A signed statement by a technician employed by the agency that, based on the inspection of the recorded image, the motor vehicle was being operated during the commission of a violation;
A statement that the recorded image is evidence of a violation; and
Information advising the person alleged to be liable under this section:
Of the manner and time in which liability as alleged in the citation may be contested in the District Court; and
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.
The agency may mail a warning notice in place of a citation to the owner liable under subsection (e) of this section.
Before mailing a citation to a motor vehicle rental company liable under subsection (e) of this section, an agency shall mail a notice to the motor vehicle rental company stating that a citation will be mailed to the motor vehicle rental company unless, within 45 days after receiving the notice, the motor vehicle rental company provides the agency with:
A statement made under oath that states the name and last known mailing address of the individual driving or renting the motor vehicle when the violation occurred;
A statement made under oath that states that the motor vehicle rental company is unable to determine who was driving the vehicle at the time the violation occurred because the motor vehicle was stolen at the time of the violation; and
A copy of the police report associated with the motor vehicle theft claimed under item A of this item; or
Payment for the penalty associated with the violation.
An agency may not mail a citation to a motor vehicle rental company liable under subsection (e) of this section if the motor vehicle rental company complies with subparagraph (i) of this paragraph.
Except as provided in paragraph (3) of this subsection and subsection (h)(4) and (5) of this section, a citation issued under this section shall be mailed not later than 2 weeks after the alleged violation.
A person who receives a citation under paragraph (1) of this subsection may:
Pay the civil penalty in accordance with instructions on the citation; or
Elect to stand trial for the alleged violation.
A certificate alleging that a violation occurred, sworn to or affirmed by a duly authorized law enforcement officer employed by or under contract with an agency, based on the inspection of a recorded image, 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 preponderance of the evidence.
The District Court may consider in defense of a violation:
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;
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; and
Any other issues and evidence that the District Court considers pertinent.
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)(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.
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, or Class P (passenger bus) vehicle.
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 requested, that:
States that the person named in the citation was not operating the vehicle at the time of the violation; and
Provides the name, address, and driver’s license identification number of the person who was operating the vehicle at the time of the violation.
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 court shall provide to the agency issuing the citation a copy of any evidence substantiating who was operating the vehicle at the time of the violation.
On receipt of substantiating evidence from the District Court under subparagraph (i) of this paragraph, the agency may issue a citation as provided in subsection (f) of this section to the person who the evidence indicates was operating the vehicle at the time of the violation.
A citation issued under subparagraph (ii) of this paragraph shall be mailed not later than 2 weeks after receipt of the evidence from the District Court.
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.
A violation for which a civil penalty is imposed under this section:
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; and
May not be considered in the provision of motor vehicle insurance coverage.
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.
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.
An agency or an agent or a contractor designated by the agency shall administer and process civil citations issued under this section in coordination with the District Court.
If a contractor in any manner operates a stop sign monitoring system or administers or processes citations generated by a stop sign monitoring system on behalf of a local jurisdiction, the contractor’s fee may not be contingent on a per–ticket basis on the number of citations issued or paid.
At the request of any farmer whose land is divided by a highway and who regularly drives livestock across the highway, the State Highway Administration may place a sign at approximately 500 feet from each side of the crossing, giving notice of the presence of the crossing.
If livestock are being driven across the highway at the crossing, the driver of a vehicle between the two signs shall stop until the livestock have left the highway.