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<section article="gtr" article_name="Transportation" number="21-706.1" title_number="21" title_name="Vehicle Laws -- Rules of the Road" subtitle_number="7" subtitle_name="Special Stops Required">
  <level label="a">
    <level label="1">
      <text>In this section the following words have the meanings indicated.</text>
    </level>
    <level label="2">
      <text>“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.</text>
    </level>
    <level label="3">
      <level label="i">
        <text>“Owner” means the registered owner of a motor vehicle or a lessee of a motor vehicle under a lease of 6 months or more.</text>
      </level>
      <level label="ii">
        <text>“Owner” does not include:</text>
        <level label="1">
          <text>A motor vehicle leasing company; or</text>
        </level>
        <level label="2">
          <text>A holder of a special registration plate issued under Title 13, Subtitle 9, Part III of this article.</text>
        </level>
      </level>
    </level>
    <level label="4">
      <text>“Recorded image” means images recorded by a school bus monitoring camera:</text>
      <level label="i">
        <text>On:</text>
        <level label="1">
          <text>Two or more photographs;</text>
        </level>
        <level label="2">
          <text>Two or more microphotographs;</text>
        </level>
        <level label="3">
          <text>Two or more electronic images;</text>
        </level>
        <level label="4">
          <text>Videotape; or</text>
        </level>
        <level label="5">
          <text>Any other medium; and</text>
        </level>
      </level>
      <level label="ii">
        <text>Showing a motor vehicle and, on at least one image or portion of tape, clearly identifying the registration plate number of the motor vehicle.</text>
      </level>
    </level>
    <level label="5">
      <text>“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.</text>
    </level>
    <level label="6">
      <text>“Violation” means a violation of § 21–706 of this subtitle.</text>
    </level>
  </level>
  <level label="b">
    <level label="1">
      <level label="i">
        <text>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.</text>
      </level>
      <level label="ii">
        <text>The report, to the extent possible, shall include:</text>
        <level label="1">
          <text>Information pertaining to the identity of the alleged violator;</text>
        </level>
        <level label="2">
          <text>The license number and color of the vehicle involved in the violation;</text>
        </level>
        <level label="3">
          <text>The time and location at which the violation occurred; and</text>
        </level>
        <level label="4">
          <text>An identification of the vehicle as an automobile, station wagon, truck, bus, motorcycle, or other type of vehicle.</text>
        </level>
      </level>
    </level>
    <level label="2">
      <text>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:</text>
      <level label="i">
        <text>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;</text>
      </level>
      <level label="ii">
        <text>That there is insufficient evidence for the issuance of a citation;</text>
      </level>
      <level label="iii">
        <text>That the warning does not constitute a finding that the owner is guilty of the violation; and</text>
      </level>
      <level label="iv">
        <text>The requirements of § 21–706 of this subtitle.</text>
      </level>
    </level>
  </level>
  <level label="c">
    <level label="1">
      <text>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.</text>
    </level>
    <level label="2">
      <text>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.</text>
    </level>
  </level>
  <level label="d">
    <text>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:</text>
    <level label="1">
      <text>An image of the motor vehicle;</text>
    </level>
    <level label="2">
      <text>An image of at least one of the motor vehicle’s registration plates;</text>
    </level>
    <level label="3">
      <text>The time and date of the violation; and</text>
    </level>
    <level label="4">
      <text>To the extent possible, the location of the violation.</text>
    </level>
  </level>
  <level label="e">
    <level label="1">
      <text>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.</text>
    </level>
    <level label="2">
      <text>A civil penalty under this subsection may not exceed $500.</text>
    </level>
    <level label="3">
      <text>For purposes of this section, the District Court shall prescribe:</text>
      <level label="i">
        <text>A uniform citation form consistent with subsection (f)(1) of this section and § 7–302 of the Courts Article; and</text>
      </level>
      <level label="ii">
        <text>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.</text>
      </level>
    </level>
  </level>
  <level label="f">
    <level label="1">
      <text>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:</text>
      <level label="i">
        <text>The name and address of the registered owner of the vehicle;</text>
      </level>
      <level label="ii">
        <text>The registration number of the motor vehicle involved in the violation;</text>
      </level>
      <level label="iii">
        <text>The violation charged;</text>
      </level>
      <level label="iv">
        <text>To the extent possible, the location of the violation;</text>
      </level>
      <level label="v">
        <text>The date and time of the violation;</text>
      </level>
      <level label="vi">
        <text>A copy of the recorded image;</text>
      </level>
      <level label="vii">
        <text>The amount of the civil penalty imposed and the date by which the civil penalty must be paid;</text>
      </level>
      <level label="viii">
        <text>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;</text>
      </level>
      <level label="ix">
        <text>A statement that recorded images are evidence of a violation; and</text>
      </level>
      <level label="x">
        <text>Information advising the person alleged to be liable under this section:</text>
        <level label="1">
          <text>Of the manner and time in which liability as alleged in the citation may be contested in the District Court; and</text>
        </level>
        <level label="2">
          <text>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.</text>
        </level>
      </level>
    </level>
    <level label="2">
      <text>The law enforcement agency may mail a warning notice in place of a citation to the owner liable under subsection (e) of this section.</text>
    </level>
    <level label="3">
      <level label="i">
        <text>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:</text>
        <level label="1">
          <text>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;</text>
        </level>
        <level label="2">
          <level label="A">
            <text>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</text>
          </level>
        </level>
        <level label="B">
          <text>A copy of the police report associated with the motor vehicle theft claimed under item A of this item; or</text>
        </level>
        <level label="3">
          <text>Payment for the penalty associated with the violation.</text>
        </level>
      </level>
      <level label="ii">
        <text>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.</text>
      </level>
    </level>
    <level label="4">
      <text>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.</text>
    </level>
    <level label="5">
      <text>A person who receives a citation under paragraph (1) of this subsection may:</text>
      <level label="i">
        <text>Pay the civil penalty, in accordance with instructions on the citation, directly to the county; or</text>
      </level>
      <level label="ii">
        <text>Elect to stand trial for the alleged violation.</text>
      </level>
    </level>
    <level label="6">
      <text>To mail the citation or warning notice, a law enforcement agency shall use:</text>
      <level label="i">
        <text>The current mailing address on file with the Administration; or</text>
      </level>
      <level label="ii">
        <text>If a mailing address is unavailable, the current residential address on file with the Administration.</text>
      </level>
    </level>
  </level>
  <level label="g">
    <level label="1">
      <text>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.</text>
    </level>
    <level label="2">
      <text>Adjudication of liability shall be based on a preponderance of evidence.</text>
    </level>
  </level>
  <level label="h">
    <level label="1">
      <text>The District Court may consider in defense of a violation:</text>
      <level label="i">
        <text>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;</text>
      </level>
      <level label="ii">
        <text>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</text>
      </level>
      <level label="iii">
        <text>Any other issues and evidence that the District Court deems pertinent.</text>
      </level>
    </level>
    <level label="2">
      <text>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.</text>
    </level>
    <level label="3">
      <text>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.</text>
    </level>
    <level label="4">
      <level label="i">
        <text>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.</text>
      </level>
      <level label="ii">
        <text>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:</text>
        <level label="1">
          <text>States that the person named in the citation was not operating the vehicle at the time of the violation; and</text>
        </level>
        <level label="2">
          <text>Provides the name, address, and driver’s license identification number of the person who was operating the vehicle at the time of the violation.</text>
        </level>
      </level>
    </level>
    <level label="5">
      <level label="i">
        <text>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.</text>
      </level>
      <level label="ii">
        <text>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.</text>
      </level>
      <level label="iii">
        <text>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.</text>
      </level>
    </level>
  </level>
  <level label="i">
    <text>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.</text>
  </level>
  <level label="j">
    <text>A violation for which a civil penalty is imposed under this section:</text>
    <level label="1">
      <text>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;</text>
    </level>
    <level label="2">
      <text>May be treated as a parking violation for purposes of § 26–305 of this article; and</text>
    </level>
    <level label="3">
      <text>May not be considered in the provision of motor vehicle insurance coverage.</text>
    </level>
  </level>
  <level label="k">
    <level label="1">
      <text>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.</text>
    </level>
    <level label="2">
      <text>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.</text>
    </level>
  </level>
</section>
