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<section article="gtr" article_name="Transportation" number="21-707.1" effective_note="EFFECTIVE UNTIL JUNE 30, 2029 PER CHAPTERS 678 OF 2024, 571 OF 2025, AND 557 AND 569 OF 2026" title_number="21" title_name="Vehicle Laws -- Rules of the Road" subtitle_number="7" subtitle_name="Special Stops Required">
  <level label="a">
    <text>This section applies only in:</text>
    <level label="1">
      <text>Prince George’s County;</text>
    </level>
    <level label="2">
      <text>The 41st, 45th, and 46th Legislative Districts in Baltimore City;</text>
    </level>
    <level label="3">
      <text>The City of Gaithersburg;</text>
    </level>
    <level label="4">
      <text>The City of Rockville; and</text>
    </level>
    <level label="5">
      <text>The City of Takoma Park.</text>
    </level>
  </level>
  <level label="b">
    <level label="1">
      <text>In this section the following words have the meanings indicated.</text>
    </level>
    <level label="2">
      <text>“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.</text>
    </level>
    <level label="3">
      <level label="i">
        <text>“Owner” means the registered owner of a motor vehicle or 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 stop sign monitoring system:</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>“Stop sign monitoring system” means a device designed to capture a recorded image of a violation.</text>
    </level>
    <level label="6">
      <level label="i">
        <text>“Violation” means a failure to come to a complete stop at a stop sign in violation of § 21–707 of this subtitle.</text>
      </level>
      <level label="ii">
        <text>“Violation” does not include any action a driver is instructed to take by a police officer.</text>
      </level>
    </level>
  </level>
  <level label="c">
    <level label="1">
      <text>Subject to paragraphs (2) through (5) of this subsection, an agency may use stop sign monitoring systems:</text>
      <level label="i">
        <text>On highways located in a school zone maintained by a local jurisdiction, if authorized by the governing body of the local jurisdiction; or</text>
      </level>
      <level label="ii">
        <text>On State highways located in a school zone, if authorized by the State Highway Administration.</text>
      </level>
    </level>
    <level label="2">
      <text>A stop sign monitoring system:</text>
      <level label="i">
        <text>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</text>
      </level>
      <level label="ii">
        <text>In Prince George’s County, may only be used at a location approved by the Prince George’s County Council.</text>
      </level>
    </level>
    <level label="3">
      <text>Prince George’s County shall prioritize the placement of stop sign monitoring systems within municipalities that have high violation rates.</text>
    </level>
    <level label="4">
      <text>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.</text>
    </level>
    <level label="5">
      <level label="i">
        <text>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.</text>
      </level>
      <level label="ii">
        <text>The State Highway Administration shall place signs prominently providing notice that stop sign monitoring systems are in use on State highways.</text>
      </level>
    </level>
  </level>
  <level label="d">
    <text>A recorded image under this section indicating that the driver of a motor vehicle has committed a violation shall include:</text>
    <level label="1">
      <text>The time and date of the violation; and</text>
    </level>
    <level label="2">
      <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 (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.</text>
    </level>
    <level label="2">
      <text>A civil penalty under this subsection may not exceed $40.</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, an 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 plate 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 agency that, based on the inspection of the recorded image, the motor vehicle was being operated during the commission of a violation;</text>
      </level>
      <level label="ix">
        <text>A statement that the recorded image is 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 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, 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:</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 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>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.</text>
      </level>
    </level>
    <level label="4">
      <text>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.</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; or</text>
      </level>
      <level label="ii">
        <text>Elect to stand trial for the alleged violation.</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 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.</text>
    </level>
    <level label="2">
      <text>Adjudication of liability shall be based on preponderance of the 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 considers pertinent.</text>
      </level>
    </level>
    <level label="2">
      <text>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 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.</text>
      </level>
      <level label="ii">
        <text>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.</text>
      </level>
      <level label="iii">
        <text>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.</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; and</text>
    </level>
    <level label="2">
      <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>
  <level label="l">
    <level label="1">
      <text>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.</text>
    </level>
    <level label="2">
      <text>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.</text>
    </level>
  </level>
</section>
