A person may not drive a vehicle on a highway at a speed that, with regard to the actual and potential dangers existing, is more than that which is reasonable and prudent under the conditions.
At all times, the driver of a vehicle on a highway shall control the speed of the vehicle as necessary to avoid colliding with any person or any vehicle or other conveyance that, in compliance with legal requirements and the duty of all persons to use due care, is on or entering the highway.
Consistent with the requirements of this section, the driver of a vehicle shall drive at an appropriate, reduced speed when approaching and crossing an intersection at which cross traffic is not required to stop by a traffic control device.
Consistent with the requirements of this section, the driver of a vehicle shall drive at an appropriate, reduced speed when approaching and crossing a railroad grade crossing.
Consistent with the requirements of this section, the driver of a vehicle shall drive at an appropriate, reduced speed when approaching and going around a curve.
Consistent with the requirements of this section, the driver of a vehicle shall drive at an appropriate, reduced speed when approaching the crest of a grade.
Consistent with the requirements of this section, the driver of a vehicle shall drive at an appropriate, reduced speed when traveling on any narrow or winding roadway.
Consistent with the requirements of this section, the driver of a vehicle shall drive at an appropriate, reduced speed when any special danger exists as to pedestrians or other traffic or because of weather or highway conditions.
Unless there is a special danger that requires a lower speed to comply with § 21-801 of this subtitle, the limits specified in this section or otherwise established under this subtitle are maximum lawful speeds. A person may not drive a vehicle on a highway at a speed that exceeds these limits.
Except as otherwise provided in this section, the maximum speed limits are:
15 miles per hour in alleys in Baltimore County;
30 miles per hour on:
All highways in a business district; and
Undivided highways in a residential district;
35 miles per hour on divided highways in a residential district;
50 miles per hour on undivided highways in other locations; and
55 miles per hour on divided highways in other locations.
Except as provided in subsection (e) of this section, a posted maximum speed limit lawfully in effect on December 31, 1974, is a maximum lawful speed even if it differs from a limit specified in subsection (b) of this section.
Except as provided in subsection (e) of this section, a maximum speed limit specified in subsection (b) of this section or in effect under subsection (c) of this section may be altered as provided in this subtitle.
Notwithstanding any other provision of this subtitle, a maximum speed limit of more than 55 miles per hour may not be established or continued on any highway in this State that is not an interstate highway or an expressway.
Subject to the provisions of paragraph (1) of this subsection, a maximum speed limit of more than 70 miles per hour may not be established on any highway in the State.
Unless otherwise posted on a public road in a residential subdivision, in residential subdivisions in St. Mary’s County, a posted speed limit on a main access road applies to all public roads in the residential subdivision, even if the posted speed limit on the main access road is less than 30 miles per hour.
The provisions of paragraph (1) of this subsection do not apply when a through road traverses a residential subdivision. The maximum speed limit applicable to the subdivision shall be posted on each road exiting off the through road and into the subdivision, along with the posting on the main access road.
A maximum speed limit established under this subsection in a residential subdivision shall be based on the subdivision’s road design, motor vehicle traffic, and pedestrian safety.
If, on the basis of an engineering and traffic investigation, the State Highway Administration determines that any maximum speed limit specified in this subtitle is greater or less than reasonable or safe under existing conditions on any part of a highway under its jurisdiction, it may establish a reasonable and safe maximum speed limit for that part of the highway.
An engineering and traffic investigation is not required to conform a posted maximum speed limit in effect on December 31, 1974, to a different limit specified in § 21-801.1(b) of this subtitle.
Under this section, the State Highway Administration may:
Establish a maximum speed limit to apply at all times or only at specified times; and
Establish differing limits for different times of day, different types of vehicles, different weather conditions, or other factors bearing on safe speeds.
An altered maximum speed limit established under this section is effective when posted on appropriate signs giving notice of the limit.
In this section, “highway work zone” means a construction or maintenance area on or alongside a highway that is marked by appropriate warning signs or other traffic control devices designating that work is in progress.
The State Highway Administration may reduce established speed limits in a highway work zone upon a determination that the change is necessary to ensure the public safety.
A county may:
Designate an area on a county highway or a highway on which the county is authorized to do work pursuant to a maintenance agreement as a highway work zone; and
Reduce established speed limits in the highway work zone after a determination that the change is necessary to ensure the public safety.
A municipal corporation may:
Designate an area on a municipal highway or a highway on which the municipal corporation is authorized to do work pursuant to a maintenance agreement as a highway work zone; and
Reduce established speed limits in the highway work zone after a determination that the change is necessary to ensure the public safety.
A speed limit established under this section shall become effective when posted.
A person convicted of a violation of this section is subject to a fine not exceeding $1,000.
Except as provided in paragraphs (3) through (6) of this subsection, if, on the basis of an engineering and traffic investigation, a local authority determines that any maximum speed limit specified in this subtitle is greater or less than reasonable or safe under existing conditions on any part of a highway in its jurisdiction, it may establish a reasonable and safe maximum speed limit for that part of the highway, which may:
Decrease the limit at an intersection;
Increase the limit in an urban district to not more than 50 miles per hour;
Decrease the limit in an urban district; or
Decrease the limit outside an urban district to not less than 25 miles per hour.
An engineering and traffic investigation is not required to conform a posted maximum speed limit in effect on December 31, 1974, to a different limit specified in § 21–801.1(b) of this subtitle.
Calvert County may decrease the maximum speed limit to not less than 15 miles per hour on Lore Road and, except for Solomons Island Road, each highway south of Lore Road without performing an engineering and traffic investigation, regardless of whether the highway is inside an urban district.
This paragraph applies only to:
Anne Arundel County and Montgomery County; and
Municipalities located in Anne Arundel County and Montgomery County.
A local authority may decrease the maximum speed limit to not less than 15 miles per hour on a highway only after performing an engineering and traffic investigation.
A local authority may not implement a new speed monitoring system to enforce speed limits on any portion of a highway for which the speed limit has been decreased under this paragraph.
Baltimore City may, without performing an engineering and traffic investigation:
Decrease the maximum speed limit on a highway under its jurisdiction; or
Increase to a previously established level the maximum speed limit on a highway under its jurisdiction.
A municipality located in Queen Anne’s County may decrease the maximum speed limit to not less than 15 miles per hour on a highway without performing an engineering and traffic investigation.
In school zones designated and posted by the local authorities of any county:
The county may decrease the maximum speed limit to 15 miles per hour during school hours, provided the county pays the cost of placing and maintaining the necessary signs; and
Any municipality within each county may decrease the maximum speed limit in a school zone within the municipality to 15 miles per hour during school hours, provided the municipality pays the cost of placing and maintaining the necessary signs.
An altered maximum speed limit established under this section is effective when posted on appropriate signs giving notice of the limit.
Except in Baltimore City, any alteration by a local authority of a maximum speed limit on a part or extension of a State highway is not effective until it is approved by the State Highway Administration.
If a local authority determines that any maximum speed limit specified in this subtitle is greater than reasonable or safe in an alley in its jurisdiction, the local authority may establish a reasonable and safe maximum speed limit for the alley.
The local authority shall post a speed limit established under this subsection on appropriate signs giving notice of the speed limit.
Subject to subsection (f) of this section, within a half–mile radius of any school, the State Highway Administration or a local authority:
May establish a school zone and maximum speed limits applicable in the school zone; and
Subject to subsection (d) of this section, may provide that fines are to be doubled for speeding violations within the school zone.
The State Highway Administration may establish a school zone under paragraph (1) of this subsection on any State highway or, at the request of a local authority, on any highway under the jurisdiction of the local authority.
A local authority may establish a school zone under paragraph (1) of this subsection on any highway under its jurisdiction.
In Prince George’s County, a municipal corporation may establish a school zone under paragraph (1) of this subsection on any highway that:
Is not under State jurisdiction; and
Is located within the corporate limits of the municipal corporation.
On each highway where a school zone is established under this section, in accordance with specifications of the State Highway Administration, the State Highway Administration or local authority:
Shall place signs designating the school zone; and
May place other traffic control devices, including timed flashing warning lights.
The signs designating a school zone shall indicate the maximum speed limit applicable in the school zone.
The local authority shall pay the State Highway Administration the cost of placing and maintaining signs and other traffic control devices on highways under the jurisdiction of the local authority when the State Highway Administration establishes the school zone at the local authority’s request.
In Prince George’s County, a municipal corporation shall be responsible for the cost of placing and maintaining signs and other traffic control devices for a school zone that the municipal corporation establishes on a highway within its corporate limits.
A maximum speed limit in a school zone established under this section is in effect when posted on appropriate signs giving notice of the limit.
The fines for speeding in a school zone are double the amount that would otherwise apply if, in accordance with specifications adopted by the State Highway Administration:
A sign designating a school zone under this section is equipped with timed flashing warning lights and indicates that fines for speeding are doubled when the lights are activated; and
The lights are activated at the time the violation occurs; or
A sign designating a school zone under this section indicates that fines for speeding are doubled during school hours.
A person may not drive a motor vehicle at a speed exceeding the posted speed limit within a school zone established in accordance with subsection (d) of this section.
In any school zone where a school crossing guard is posted to assist students in crossing a highway, the maximum speed limit may not exceed 35 miles per hour in the school zone during the hours posted on signs designating the school zone.
A person convicted of a violation of subsection (e) of this section is subject to a fine not exceeding $1,000.
Each county board of education, the Board of School Commissioners of Baltimore City, the board of trustees for each community college, the board of regents for Morgan State University, the board of trustees for St. Mary’s College, and the board of regents of the University System of Maryland may establish appropriate speed limits for safe travel on property under their jurisdiction. Such speed limits shall be posted on appropriate signs on the property, and a person may not drive a vehicle on such property at a speed that exceeds these limits.
Unless reduced speed is necessary for the safe operation of the vehicle or otherwise is in compliance with law, a person may not willfully drive a motor vehicle at such a slow speed as to impede the normal and reasonable movement of traffic.
If, on the basis of an engineering and traffic investigation, the State Highway Administration or a local authority determines that slow speeds on any part of a highway in its jurisdiction impede the normal and reasonable movement of traffic, the State Highway Administration or the local authority may establish a minimum speed limit for that part of the highway.
Unless reduced speed is necessary for the safe operation of the vehicle or otherwise is in compliance with law, a person may not drive a vehicle below a minimum speed limit established under this subsection.
A minimum speed limit established under this subsection is effective when posted on appropriate signs giving notice of the limit.
A person may not drive a Class A (passenger) or Class M (multipurpose) vehicle on a highway if the maximum speed capability of the vehicle does not exceed the posted maximum speed limit for the highway by at least 5 miles per hour.
This subsection does not apply to:
Vehicles used by any utility in the construction, maintenance, or repair of its facilities;
Vehicles used by any highway authority or bridge or highway district in construction, maintenance, repair, inspection, or survey work; or
Low speed vehicles.
A person may not drive on a highway any vehicle or combination of vehicles that is designed to be and is driven at a speed of 25 miles per hour or less, unless the rearmost vehicle displays a slow moving vehicle emblem in accordance with this section.
Any other vehicle or combination of vehicles, when driven at a speed of 25 miles per hour or less, may display a slow moving vehicle emblem in accordance with this section.
The slow moving vehicle emblem specified in this section shall:
Be a truncated equilateral triangle at least 14 inches high with a red reflective border at least 1.75 inches wide and with a fluorescent orange center;
Comply with current standards and specifications of the American Society of Agricultural Engineers; and
Be mounted on the rear of the vehicle, base down, at a height of not less than 3 nor more than 5 feet from ground to base.
New farm equipment designed or intended by the manufacturer to be driven or moved at a speed of 25 miles per hour or less may not be sold in this State unless it is equipped by the manufacturer with a slow moving vehicle emblem in accordance with this section.
The slow moving vehicle emblem shall be displayed and maintained on the farm equipment as long as it can be driven or moved on a highway.
The slow moving vehicle emblem described in this section may be displayed only as permitted or required by this section.
A person may not drive a vehicle that is designed with a maximum speed of more than 25 miles per hour and less than 55 miles per hour on a highway unless the vehicle properly displays a limited speed vehicle emblem in accordance with this section.
A limited speed vehicle emblem required under this section shall be:
A truncated equilateral triangle that is at least 14 inches high with a red reflective border that is at least 1.75 inches wide and with a fluorescent green center; and
Permanently affixed to the rear of the vehicle, with the base down and at a height of between 3 feet and 5 feet above the ground.
On request of any local authority, the State Highway Administration shall investigate and, on its own initiative, it may investigate any bridge or other elevated structure that is a part of a highway.
If it determines that the structure cannot safely withstand the weight of vehicles traveling at the maximum speed limit otherwise permitted by this subtitle, the State Highway Administration shall:
Establish the maximum speed limit that the structure can safely withstand; and
At each approach to the structure, place or permit the placement of a suitable sign stating the maximum speed limit.
A maximum speed limit established under this section is effective when posted on appropriate signs giving notice of the limit.
In each charge of a violation of any speed regulation under the Maryland Vehicle Law, the charging document shall specify:
The speed at which the defendant is alleged to have driven;
If the charge is for exceeding a maximum lawful speed, the maximum speed limit applicable at the location; and
If the charge is for driving below a minimum lawful speed, the minimum speed limit applicable at the location.
Upon receipt of notification from the District Court under § 1–605(d)(4) of the Courts Article that a citation was issued to a minor charging the minor with a moving violation as defined in § 11–136.1 of this article, the Administration promptly shall notify the cosigner of the minor’s driver’s license application that the citation was issued to the minor.
The notification required under subsection (a) of this section shall:
Be mailed by the Administration to the most recent address provided by the cosigner in accordance with § 16–107(b) of this article; and
Contain the following information:
The name, address, and date of birth of the minor charged with the violation;
Identification of the moving violation charged;
If the citation was issued for a speeding violation, the speed at which the minor is alleged to have driven and the maximum lawful speed at the location of the alleged violation;
The amount of the fine specified in the citation; and
The number of points that may be assessed against the minor.
Evidence of the receipt or lack of receipt of the notice required by this section is not admissible in any civil or criminal action against a cosigner.
In this section the following words have the meanings indicated.
“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;
For a municipal corporation that does not maintain a police force, an agency established or designated by the municipal corporation to implement this subtitle using speed monitoring systems in accordance with this section;
For speed monitoring systems placed and used on Interstate 83 in Baltimore County or Interstate 695 in Baltimore County, the State Highway Administration; or
For speed monitoring systems placed and used on Maryland Route 200 (Intercounty Connector), the Maryland Transportation Authority.
“Erroneous violation” means a potential violation submitted by a speed monitoring system contractor for review by an agency that is apparently inaccurate based on a technical variable that is under the control of the contractor.
“Erroneous violation” includes a potential violation based on:
A recorded image of a registration plate that does not match the registration plate issued for the motor vehicle in the recorded image;
A recorded image that shows a stopped vehicle or no progression;
An incorrectly measured speed for a motor vehicle;
A measured speed of a motor vehicle that is below the threshold speed that would subject the owner to a civil citation under this section;
A recorded image that was taken outside of the hours and days that speed monitoring systems are authorized for use in school zones; and
A recorded image that was taken by a speed monitoring system with an expired calibration certificate.
“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 Title 13, Subtitle 9, Part III of this article.
“Program administrator” means an employee or a representative of the local jurisdiction, the State Highway Administration, or the Maryland Transportation Authority designated by the local jurisdiction, the State Highway Administration, or the Authority to oversee a contract with a speed monitoring system contractor.
“Reasonable training” means a level of education, instruction, and practical experience sufficient to ensure competency in the inspection and interpretation of the recorded images generated by the speed monitoring system.
“Recorded image” means an image recorded by a speed monitoring system:
On:
A photograph;
A microphotograph;
An electronic image;
Videotape; or
Any other medium; and
Showing:
The rear of a motor vehicle;
At least two time–stamped images of the motor vehicle that include the same stationary object near the motor vehicle; and
On at least one image or portion of tape, a clear and legible identification of the entire registration plate number of the motor vehicle.
“School zone” means a designated roadway segment within up to a half–mile radius of a school for any of grades kindergarten through grade 12 where school–related activity occurs, including:
Travel by students to or from school on foot or by bicycle; or
The dropping off or picking up of students by school buses or other vehicles.
“Speed monitoring system” means a device with one or more motor vehicle sensors producing recorded images of motor vehicles traveling at speeds at least 12 miles per hour above the posted speed limit.
“Speed monitoring system operator” means a representative of an agency or contractor that operates a speed monitoring system.
A speed monitoring system may not be used by 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.
The State Highway Administration may use speed monitoring systems on Interstate 83 in Baltimore County and Interstate 695 in Baltimore County in accordance with this section.
The Maryland Transportation Authority may use speed monitoring systems on Maryland Route 200 (Intercounty Connector) in accordance with this section.
Before a county may use a speed monitoring system on a State highway at a location within a municipal corporation, the county shall:
Obtain the approval of the State Highway Administration;
Notify the municipal corporation of the State Highway Administration’s approval of the use of a speed monitoring system at that location; and
Grant the municipal corporation 60 days from the date of the county’s notice to the municipal corporation to enact an ordinance authorizing the municipal corporation instead of the county to use a speed monitoring system at that location.
Within 120 days after receipt of an application submitted by a program administrator or the program administrator’s contractor for the use of a speed monitoring system under this subparagraph, the State Highway Administration shall approve or deny the application or return the application as incomplete.
If the Administration does not approve, deny, or return an application in accordance with subsubsubparagraph A of this subsubparagraph, the application shall be deemed approved.
A speed monitoring system contractor that submits an application under this subparagraph shall consult with the program administrator before and after the submission of the application.
A program administrator or the program administrator’s contractor may not submit more than 10 applications for the use of a speed monitoring system under this subparagraph during any 30–day period.
This subparagraph applies only in Prince George’s County.
In the county, a municipal corporation may implement and use a speed monitoring system consistent with the requirements of this subsection on a county highway at a location within its corporate limits if the municipal corporation:
Submits to the county a plan describing the boundary of the applicable school zone and the proposed location of the speed monitoring system; and
Requests and receives permission from the county to use the speed monitoring system at the proposed location.
If the county fails to respond to the request within 60 days, the municipal corporation may implement and use the speed monitoring system as described in the plan submission.
The county may not:
Unreasonably deny a request under this subparagraph; or
Place exactions, fees, or unreasonable restrictions on the implementation and use of a speed monitoring system under this subparagraph.
The county shall state in writing the reasons for any denial of a request under this subparagraph.
A municipal corporation may contest in the circuit court a county denial of a request under this subparagraph.
In Prince George’s County, if a municipal corporation has established a school zone that is within one–quarter mile of a school zone established in another municipal corporation, the municipal corporation may not implement or use a speed monitoring system in that school zone unless it has obtained the approval of the other municipal corporation.
An ordinance or resolution adopted by the governing body of a local jurisdiction under this paragraph shall provide that, if the local jurisdiction moves or places a mobile or stationary speed monitoring system to or at a location where a speed monitoring system had not previously been moved or placed, the local jurisdiction may not issue a citation for a violation recorded by that speed monitoring system:
Until signage is installed in accordance with subparagraph (viii) of this paragraph; and
For at least the first 15 calendar days after the signage is installed.
This section applies to a violation of this subtitle recorded by a speed monitoring system that meets the requirements of this subsection and has been placed:
In Anne Arundel County, Montgomery County, or Prince George’s County, on a highway in a residential district, as defined in § 21–101 of this title, with a maximum posted speed limit of 35 miles per hour, which speed limit was established using generally accepted traffic engineering practices;
In a school zone with a posted speed limit of at least 20 miles per hour;
In Prince George’s County:
Subject to subparagraph (vii)1 of this paragraph, on Maryland Route 210 (Indian Head Highway); or
On that part of a highway located within the grounds of an institution of higher education as defined in § 10–101(h) of the Education Article, or within one–half mile of the grounds of a building or property used by the institution of higher education where generally accepted traffic and engineering practices indicate that motor vehicle, pedestrian, or bicycle traffic is substantially generated or influenced by the institution of higher education;
Subject to subparagraph (vii)2 of this paragraph, on Interstate 83 in Baltimore City;
Subject to subparagraph (vii)3 of this paragraph, at the intersection of Maryland Route 333 (Oxford Road) and Bonfield Avenue in Talbot County;
Subject to subparagraph (vii)4 of this paragraph, by the State Highway Administration on Interstate 83 in Baltimore County or on Interstate 695 in Baltimore County;
By the Maryland Transportation Authority on Maryland Route 200 (Intercounty Connector) in Montgomery County;
Subject to subparagraph (xii) of this paragraph, in Montgomery County on a highway identified in the municipality’s, county’s, or State’s most recent Strategic Highway Safety Plan or Vision Zero Plan as a highway that is at high risk for motor vehicle crashes that result in serious bodily injury or death; or
In a safety corridor by a local jurisdiction on:
A highway under its jurisdiction; or
A State highway if authorized under a permit issued by the State Highway Administration under § 21–810.1 of this subtitle.
Not more than six mobile or stationary speed monitoring systems may be placed on Maryland Route 210 (Indian Head Highway).
Subject to subsubsubparagraph B of this subsubparagraph, not more than four speed monitoring systems may be placed on Interstate 83 in Baltimore City.
Not more than one speed monitoring system in each direction may be in operation at the same time on Interstate 83 in Baltimore City.
Not more than one speed monitoring system may be placed at the intersection of Maryland Route 333 (Oxford Road) and Bonfield Avenue in Talbot County.
The State Highway Administration:
May place and use a speed monitoring system on Interstate 83 in Baltimore County or Interstate 695 in Baltimore County under this section only at a location it identifies as being at high risk for motor vehicle crashes that result in death or serious bodily injury;
May not place or use more than three speed monitoring systems in each direction on Interstate 83 in Baltimore County; and
II. May not place or use more than four speed monitoring systems in each direction on Interstate 695 in Baltimore County; and
May not place or use a speed monitoring system authorized under this section within 5 miles of another speed monitoring system authorized under this section operating in the same direction.
Before activating a speed monitoring system, the local jurisdiction, the State Highway Administration, or the Maryland Transportation Authority, as appropriate, shall:
Publish notice of the location of the speed monitoring system on its website and in a newspaper of general circulation in the jurisdiction;
Ensure that each sign that designates a school zone is proximate to a sign that:
Indicates that speed monitoring systems are in use in the school zone; and
Is in accordance with the manual for and the specifications for a uniform system of traffic control devices adopted by the State Highway Administration under § 25–104 of this article;
With regard to a speed monitoring system established on Maryland Route 210 (Indian Head Highway) in Prince George’s County, based on proximity to an institution of higher education under subparagraph (vi)3 of this paragraph, on Interstate 83 in Baltimore City, at the intersection of Maryland Route 333 (Oxford Road) and Bonfield Avenue in Talbot County, on Interstate 83 in Baltimore County or Interstate 695 in Baltimore County, or on Maryland Route 200 (Intercounty Connector) in Montgomery County, ensure that all speed limit signs approaching and within the segment of highway on which the speed monitoring system is located include signs that:
Are 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; and
Indicate that a speed monitoring system is in use; and
With regard to a speed monitoring system placed on Maryland Route 210 (Indian Head Highway) in Prince George’s County, Interstate 83 in Baltimore City, at the intersection of Maryland Route 333 (Oxford Road) and Bonfield Avenue in Talbot County, on Interstate 83 in Baltimore County or Interstate 695 in Baltimore County, or on Maryland Route 200 (Intercounty Connector) in Montgomery County, ensure that each sign that indicates that a speed monitoring system is in use is proximate to a device that displays a real–time posting of the speed at which a driver is traveling.
A speed monitoring system in a school zone may operate only Monday through Friday between 6:00 a.m. and 8:00 p.m.
A local jurisdiction that authorizes a program of speed monitoring systems, the State Highway Administration, or the Maryland Transportation Authority, as appropriate, shall designate an official or employee to investigate and respond to questions or concerns about the local jurisdiction’s, the State Highway Administration’s, or the Authority’s speed monitoring system program.
The designee shall review a citation generated by a speed monitoring system if the person who received the citation requests review before the deadline for contesting liability under this section.
If the designee determines that the citation is an erroneous violation, the designee shall void the citation.
If the designee determines that a person did not receive notice of a citation issued under this section due to an administrative error, the designee may resend the citation in accordance with subsection (d) of this section or void the citation.
A designee that takes any action described under subsubsubparagraph C of this subsubparagraph shall notify the Administration of the action for the purpose of rescinding any administrative penalties imposed under subsection (g) of this section.
A designee may not determine that a citation is an erroneous violation based solely on the dismissal of the citation by a court.
A designee may not be employed by a speed monitoring system contractor or have been involved in any review of a speed monitoring system citation, other than review of a citation under this subparagraph.
On receipt of a written question or concern from a person, the designee shall provide a written answer or response to the person within a reasonable time.
A local jurisdiction, the State Highway Administration, or the Maryland Transportation Authority, as appropriate, shall make any written questions or concerns received under this subparagraph and any subsequent written answers or responses available for public inspection.
A local jurisdiction may not use a speed monitoring system to enforce speed limits on any portion of a highway for which the speed limit has been decreased without performing an engineering and traffic investigation.
Neither Montgomery County nor a municipal government in Montgomery County may place, have placed, or use a speed monitoring system to enforce speed limits in accordance with this section on a controlled access highway, an expressway, or an interstate highway in the county.
A speed monitoring system operator shall complete training by a manufacturer of speed monitoring systems in the procedures for setting up and operating the speed monitoring system.
The manufacturer shall issue a signed certificate to the speed monitoring system operator on completion of the training.
The certificate of training shall be admitted as evidence in any court proceeding for a violation of this section.
A speed monitoring system operator shall fill out and sign a daily set–up log for a speed monitoring system that:
States that the speed monitoring system operator successfully performed or reviewed and evaluated the manufacturer–specified daily self–test of the speed monitoring system prior to producing a recorded image;
Shall be kept on file; and
Shall be admitted as evidence in any court proceeding for a violation of this section.
A speed monitoring system shall undergo an annual calibration check performed by an independent calibration laboratory that is:
Selected by the local jurisdiction, the State Highway Administration, or the Maryland Transportation Authority, as appropriate; and
Unaffiliated with the manufacturer of the speed monitoring system.
The independent calibration laboratory shall issue a signed certificate of calibration after the annual calibration check that:
Shall be kept on file; and
Shall be admitted as evidence in any court proceeding for a violation of this section.
If a local jurisdiction, the State Highway Administration, or the Maryland Transportation Authority authorizes a program of speed monitoring systems under this section:
The local jurisdiction, the State Highway Administration, or the Maryland Transportation Authority shall designate a program administrator who may not be an employee or representative of the speed monitoring system contractor; and
The contract with the speed monitoring system contractor shall include the following provisions:
For potential violations submitted by a contractor for review by an agency, if more than 5% of the violations in a calendar year are erroneous violations, then the contractor shall be subject to liquidated damages for each erroneous violation equal to at least 50% of the fine amount for the erroneous violation, plus any reimbursements paid by the local jurisdiction, the State Highway Administration, or the Maryland Transportation Authority; and
The local jurisdiction, the State Highway Administration, or the Maryland Transportation Authority may cancel a contract with a contractor if the contractor violates the contract by submitting erroneous violations to the agency that exceed a threshold specified in the contract or violates the law in implementing the contract.
The Maryland Police Training and Standards Commission, in consultation with the State Highway Administration and other interested stakeholders, shall develop a training program concerning the oversight and administration of a speed monitoring program by a local jurisdiction, the State Highway Administration, or the Maryland Transportation Authority, including a curriculum of best practices in the State.
A program administrator shall participate in the training program established under this paragraph before a local jurisdiction, the State Highway Administration, or the Maryland Transportation Authority initially implements a new speed monitoring program and subsequently at least once every 2 years.
A program administrator for a program in existence on June 1, 2014, shall initially participate in the training program on or before December 31, 2014, and subsequently at least once every 2 years.
If a local jurisdiction, the State Highway Administration, or the Maryland Transportation Authority designates a new program administrator, the new program administrator shall participate in the next available training program.
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)(4) of this section, the driver of a motor vehicle is subject to a civil penalty if the motor vehicle is recorded by a speed monitoring system while being operated in violation of this subtitle.
Except as provided in subparagraphs (ii) and (iii) of this paragraph, a civil penalty under this subsection may not exceed:
If the citation alleges that the driver of the motor vehicle exceeded the speed limit by between 12 and 15, inclusive, miles per hour, $40;
If the citation alleges that the driver of the motor vehicle exceeded the speed limit by between 16 and 19, inclusive, miles per hour, $70;
If the citation alleges that the driver of the motor vehicle exceeded the speed limit by between 20 and 29, inclusive, miles per hour, $120;
If the citation alleges that the driver of the motor vehicle exceeded the speed limit by between 30 and 39, inclusive, miles per hour, $230; and
If the citation alleges that the driver of the motor vehicle exceeded the speed limit by 40 miles per hour or more, $425.
A civil penalty under this subsection for a violation recorded on Interstate 83 in Baltimore County or Interstate 695 in Baltimore County may not exceed $40.
This subparagraph applies to a civil penalty assessed to the owner or driver of a motor vehicle that is recorded by a speed monitoring system while being operated on Maryland Route 210 (Piscataway Highway) in Prince George’s County in violation of this subtitle.
The maximum civil penalty under this subparagraph is as follows:
For exceeding the maximum posted speed limit by between 12 and 15, inclusive, miles per hour, $40;
For exceeding the maximum posted speed limit by between 16 and 19, inclusive, miles per hour, $70;
For exceeding the maximum posted speed limit by between 20 and 29, inclusive, miles per hour, $120;
For exceeding the maximum posted speed limit by between 30 and 39, inclusive, miles per hour, $230; or
For exceeding the maximum posted speed limit by 40 miles per hour or more, $425.
For purposes of this section, the District Court shall prescribe:
A uniform citation form consistent with subsection (d)(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 an owner liable under subsection (c) 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 where the violation occurred;
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 should be paid;
A signed statement by a duly authorized law enforcement officer or a technician employed by or under contract with an agency that, based on inspection of recorded images, the motor vehicle was being operated in violation of this subtitle;
A statement that recorded images are evidence of a violation of this subtitle;
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
Information advising the person alleged to be liable under this section that failure to pay the civil penalty or to contest liability in a timely manner:
Is an admission of liability;
May result in the refusal by the Administration to register the motor vehicle; and
May result in the suspension of the motor vehicle registration.
Except as provided in subparagraphs (ii) and (iii) of this paragraph, an agency may mail a warning notice instead of a citation to the owner liable under subsection (c) of this section.
With regard to a speed monitoring system established on Interstate 83 in Baltimore City, an agency shall mail a warning notice instead of a citation for a violation recorded by the speed monitoring system during the first 90 days that the speed monitoring system is in operation.
With regard to a speed monitoring system established on Interstate 83 in Baltimore County or Interstate 695 in Baltimore County, the State Highway Administration shall mail a warning notice instead of a citation for a violation recorded by the speed monitoring system during the first 30 days that the speed monitoring system is in operation.
Except as provided in subsection (f)(4) of this section, an agency may not mail a citation to a person who is not an owner.
Except as provided in subsections (b)(1)(x) and (f)(4) of this section, a citation issued under this section shall be mailed no later than 2 weeks after the alleged violation if the vehicle is registered in this State, and 30 days after the alleged violation if the vehicle is registered in another state.
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 political subdivision, the District Court, the State Highway Administration, or the Maryland Transportation Authority, as appropriate; or
Elect to stand trial in the District Court 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 the violation of this subtitle occurred and the requirements under subsection (b) of this section have been satisfied, sworn to, or affirmed by a duly authorized law enforcement officer or a technician employed by or under contract with an agency, based on inspection of recorded images produced by a speed monitoring system, shall be evidence of the facts contained in the certificate and shall be admissible in a proceeding alleging a violation under this section without the presence or testimony of the speed monitoring system operator who performed the requirements under subsection (b) of this section.
A duly authorized law enforcement officer or a technician employed by or under contract with an agency shall complete reasonable training specific to the speed monitoring system before certifying any certificates of violation.
If a person who received a citation under subsection (d) of this section desires the speed monitoring system operator to be present and testify at trial, the person shall notify the court and the State in writing no later than 20 days before trial.
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 the 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.
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 shall submit proof that a police report regarding 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 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
Includes any other corroborating evidence.
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 (3) 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 receipt of substantiating evidence from the District Court under subparagraph (i) of this paragraph, an agency may issue a citation as provided in subsection (d) 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 no later than 2 weeks after receipt of the evidence from the District Court.
If a person liable under this section does not pay the civil penalty or contest the violation, the Administration may refuse to register or reregister the motor vehicle cited for the violation.
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;
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 the appropriate local government agencies, the State Highway Administration, and the Maryland Transportation Authority, 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.
An agency or an agent or 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 speed monitoring system or administers or processes citations generated by a speed monitoring system on behalf of a local jurisdiction, the State Highway Administration, or the Maryland Transportation Authority, the contractor’s fee may not be contingent on a per–ticket basis on the number of citations issued or paid.
On or before December 31 of each year, the Maryland Police Training and Standards Commission shall:
Compile and make publicly available a report for the previous fiscal year on each speed monitoring system program operated by a local jurisdiction, the State Highway Administration, or the Maryland Transportation Authority under this section; and
Submit the report to the Governor and, in accordance with § 2–1257 of the State Government Article, the General Assembly.
The report shall include:
The total number of citations issued;
The number of citations issued and the number voided as erroneous violations for each camera;
The gross revenue generated by the program;
The expenditures incurred by the program;
The net revenue generated by the program;
The total amount of any payments made to a contractor under the program;
A description of how the net revenue generated by the program was used;
The number of employees of the local jurisdiction, the State Highway Administration, or the Maryland Transportation Authority, as appropriate, involved in the program;
The type of speed monitoring system used by the local jurisdiction, the State Highway Administration, or the Maryland Transportation Authority;
The locations at which each speed monitoring system was used in the local jurisdiction, on Interstate 83 in Baltimore County or Interstate 695 in Baltimore County, or on Maryland Route 200 (Intercounty Connector);
The activation start and stop dates of each speed monitoring system for each location at which it was used; and
The number of citations issued by each speed monitoring system at each location.
Each local jurisdiction with a speed monitoring system program, the State Highway Administration, or the Maryland Transportation Authority shall submit the information required under paragraph (2) of this subsection to the Commission by October 31 of each year and assist the Commission in the preparation of the annual report.
On or before October 1, 2030, and on or before October 1 every 5 years thereafter, Montgomery County or a municipality in Montgomery County shall evaluate each speed monitoring system used in accordance with subsection (b)(1)(vi)7 of this section for its effectiveness in reducing the motor vehicle speed at or below which 85% of the drivers travel at the location of the speed monitoring system.
In this section the following words have the meanings indicated.
“Local police department” means:
The police department of any municipal corporation;
The police department of any county; and
The sheriff’s department of any county that has highway traffic patrol responsibilities.
“Owner” means the registered owner of a motor vehicle or a lessee of a motor vehicle under a lease of 6 months or longer.
“Owner” does not include:
A motor vehicle rental or leasing company; or
A holder of a special registration plate issued under Title 13, Subtitle 9, Part III of this article.
“Recorded image” means an image recorded by a work zone speed control system:
On:
A photograph;
A microphotograph;
An electronic image;
Videotape; or
Any other medium; and
Showing:
The rear of a motor vehicle;
At least two time–stamped images of the motor vehicle that include the same stationary object near the motor vehicle; and
On at least one image or portion of tape, a clear and legible identification of the entire registration plate number of the motor vehicle.
“State police department” means:
The Department of State Police; and
The Maryland Transportation Authority Police.
“Work zone” means a segment of a highway:
That is identified as a temporary traffic control zone by traffic control devices that are placed or installed in general conformance with the State manual and specifications adopted for a uniform system of traffic control devices;
Where highway construction, repair, maintenance, utility work, or a related activity, including the placement, installation, maintenance, or removal of a work zone traffic control device, is being performed regardless of whether workers are present; and
That is equipped with:
Signage designating each entrance and exit to the work zone; and
Flashing lights that operate whenever workers are present at the work zone.
“Work zone speed control system” means a device that:
Has one or more motor vehicle sensors connected to a camera system capable of producing recorded images of motor vehicles traveling at or above a predetermined speed in or approaching a work zone; and
Is equipped with flashing blue lights.
“Work zone speed control system operator” means an individual who has been trained and certified to operate a work zone speed control system and who is:
A police officer;
A representative of a local police department;
A representative of a State police department; or
A State Highway Administration contractor.
A work zone speed control system that meets the requirements of this subsection may be used to record the images of motor vehicles traveling on a highway:
Within a work zone; and
On which the speed limit, as posted before the work zone was implemented and established using generally accepted traffic engineering practices, is 45 miles per hour or greater.
A work zone speed control system may be used only:
On a highway as specified in paragraph (1) of this subsection; and
If, in accordance with the Maryland manual on uniform traffic control devices, a conspicuous road sign is placed at a reasonable distance consistent with national guidelines before the work zone alerting drivers that a speed monitoring system may be in operation in the work zone.
A work zone speed control system operator does not need to be present in person or remotely at the highway work zone when a work zone speed control system is in use.
Multiple work zone speed control systems may be implemented and used in a work zone.
If a work zone has more than one work zone speed control system in use, not more than one citation may be issued for the same registration plate for alleged violations that occur within a 1–hour period in the work zone.
A work zone speed control system may be used only to record the images of vehicles that are traveling at speeds at least 12 miles per hour above the posted work zone speed limit.
A work zone speed control system operator shall complete training by the manufacturer of the work zone speed control system in the procedures for setting up, testing, and operating the work zone speed control system.
On completion of the training, the manufacturer shall issue a signed certificate to the work zone speed control system operator.
The certificate of training shall be admitted as evidence in any court proceeding for a violation of this section.
A work zone speed control system operator shall fill out and sign a daily set–up log for a work zone speed control system that:
States the date and time when and the location where the system was set up;
States that the work zone speed control system operator successfully performed, and the device passed, the manufacturer–specified self–tests of the work zone speed control system before producing a recorded image;
Shall be kept on file; and
Shall be admitted as evidence in any court proceeding for a violation of this section.
A work zone speed control system shall undergo an annual calibration check performed by an independent calibration laboratory.
The independent calibration laboratory shall issue a signed certificate of calibration after the annual calibration check that:
Shall be kept on file; and
Shall be admitted as evidence in any court proceeding for a violation of this section.
The procurement of a work zone speed control system by a unit of State government shall be conducted in accordance with Title 13, Subtitle 1 of the State Finance and Procurement Article.
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)(4) of this section, the driver of a motor vehicle is subject to a civil penalty if an image of the motor vehicle is recorded by a work zone speed control system in accordance with subsection (b) of this section while being operated in violation of this subtitle.
Except as provided in paragraph (3) of this subsection, a civil penalty under this subsection is:
If the citation alleges that the driver of the motor vehicle exceeded the speed limit by between 12 and 15, inclusive, miles per hour, $60;
If the citation alleges that the driver of the motor vehicle exceeded the speed limit by between 16 and 19, inclusive, miles per hour, $80;
If the citation alleges that the driver of the motor vehicle exceeded the speed limit by between 20 and 29, inclusive, miles per hour, $140;
If the citation alleges that the driver of the motor vehicle exceeded the speed limit by between 30 and 39, inclusive, miles per hour, $270; and
If the citation alleges that the driver of the motor vehicle exceeded the speed limit by 40 miles per hour or more, $500.
If a citation is for a violation recorded when workers were present in the work zone, the civil penalty shall be double the amount that would otherwise apply under paragraph (2) of this subsection.
For purposes of this section, the District Court shall:
Prescribe a uniform citation form consistent with subsection (d)(1) of this section and § 7–302 of the Courts Article; and
Indicate on the citation the amount of the civil penalty 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, a local police department, State police department, or police department contractor shall mail to the owner liable under subsection (c) 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 where the violation occurred;
The date and time of the violation;
At least one recorded image of the vehicle with a data bar imprinted on each image that includes the speed of the vehicle and the date and time the image was recorded;
The amount of the civil penalty imposed and the date by which the civil penalty should be paid;
A signed statement by a police officer employed by the local police department or State police department that, based on inspection of recorded images, the motor vehicle was being operated in violation of this subtitle;
A statement that recorded images are evidence of a violation of this subtitle;
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
Information advising the person alleged to be liable under this section that failure to pay the civil penalty or to contest liability in a timely manner:
Is an admission of liability;
May result in the refusal to register the motor vehicle; and
May result in the suspension of the motor vehicle registration.
The local police department or State police department may mail a warning notice instead of a citation to the owner liable under subsection (c) of this section.
Except as provided in subsection (f)(4) of this section, the local police department or State police department may not mail a citation to a person who is not an owner.
Except as provided in subsection (f)(4) of this section, a citation issued under this section shall be mailed no later than 2 weeks after the alleged violation if the vehicle is registered in this State, and no later than 30 days after the alleged violation if the vehicle is registered in another state.
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 in the District Court for the alleged violation.
To mail the citation or warning notice, a local police department, State police department, or police department contractor 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 the violation of this subtitle occurred and the requirements under subsection (b) of this section have been satisfied, sworn to, or affirmed by a police officer employed by the local police department or State police department, based on inspection of recorded images produced by a work zone speed control system, shall be evidence of the facts contained in the certificate and shall be admissible in a proceeding alleging a violation under this section without the presence or testimony of the work zone speed control system operator who performed the requirements under subsection (b) of this section.
If a person who received a citation under subsection (d) of this section desires a work zone speed control system operator to be present and testify at trial, the person shall notify the court and the police department that issued the citation in writing no later than 20 days before trial.
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 the registration plates of the motor vehicle were stolen before the violation occurred and were not under the control or possession of the vehicle 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.
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 shall submit proof that a police report regarding 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 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
Includes any other corroborating evidence.
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 (3) of this subsection identifying the person driving the vehicle at the time of the violation, the clerk of the court may provide to the police department that issued 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 police department that issued the citation may issue a citation as provided in subsection (d) of this section to the person who the evidence indicates was operating the vehicle at the time of the violation.
Any 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 a person liable under this section does not pay the civil penalty or contest the violation, the Administration may:
Refuse to register or reregister the registration of the motor vehicle cited for the violation; or
Suspend the registration of the motor vehicle cited for the violation.
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;
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 police departments and State police departments, 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.
The Department of State Police or a contractor designated by the Department of State Police shall administer and process civil citations issued under this section in coordination with the District Court.
If a contractor provides, deploys, or operates a work zone speed control system for a police department, the contractor’s fee may not be contingent on the number of citations issued or paid.
On or before December 1, 2024, and each December 1 thereafter, the State Highway Administration shall report to the Governor and, in accordance with § 2–1257 of the State Government Article, the General Assembly:
On any pilot program that the State Highway Administration conducted in the previous fiscal year that tests new technologies for detecting and recording a violation of this subtitle in a work zone; or
That the State Highway Administration did not conduct any such pilot program in the previous fiscal year.
A report submitted under paragraph (1)(i) of this subsection shall include information on:
How data collected from the device tested may be used for the enforcement of violations of this subtitle in work zones; and
Any legislative or regulatory changes that would be necessary to authorize the effective use of the device.
On or before December 1, 2024, and each December 1 thereafter, the Department shall report to the Governor and, in accordance with § 2–1257 of the State Government Article, the General Assembly on how funds distributed to the Transportation Trust Fund under § 12–118(e) of this article have been spent.
The Department of State Police and the State Highway Administration jointly shall adopt regulations establishing standards and procedures for work zone speed control systems authorized under this section.
In this section the following words have the meanings indicated.
“Owner” means the registered owner of a motor vehicle or a lessee of a motor vehicle under a lease of 6 months or longer.
“Owner” does not include:
A motor vehicle rental or leasing company; or
A holder of a special registration plate issued under Title 13, Subtitle 9, Part III of this article.
“Recorded image” means an image recorded by a speed monitoring system:
On:
A photograph;
A microphotograph;
An electronic image;
Videotape; or
Any other medium; and
Showing:
The rear of a motor vehicle;
At least two time–stamped images of the motor vehicle that include the same stationary object near the motor vehicle; and
On at least one image or portion of tape, a clear and legible identification of the entire registration plate number of the motor vehicle.
“Safety corridor speed monitoring system” means a speed monitoring system as defined under § 21–809 of this subtitle that is placed and used in a safety corridor.
“Safety corridor speed monitoring system operator” means a representative of the State Highway Administration or its contractor that operates a safety corridor speed monitoring system.
“Vulnerable road user” means an individual on a highway who is not traveling in a motor vehicle.
“Vulnerable road user” includes pedestrians, bicyclists, other cyclists, persons using a personal conveyance or a mobility device such as a wheelchair, and persons on foot in a highway work zone.
A safety corridor speed monitoring system that meets the requirements of this subsection may be authorized by the State Highway Administration and used by the State Highway Administration or its contractor to record the images of motor vehicles traveling on a State highway within a safety corridor.
The State Highway Administration may issue a permit authorizing a local jurisdiction that operates its own program of speed monitoring systems or work zone speed control systems to place, in accordance with § 21–809 of this subtitle, safety corridor speed monitoring systems on State highways in safety corridors within its jurisdiction.
A safety corridor speed monitoring system may be used only if, in accordance with the Maryland Manual on Uniform Traffic Control Devices, a conspicuous road sign is placed at a reasonable distance consistent with national guidelines before the safety corridor alerting drivers that a speed monitoring system may be in operation in the safety corridor.
A safety corridor speed monitoring system operator does not need to be present in person or remotely at the safety corridor when a safety corridor speed monitoring system is in use.
A safety corridor speed monitoring system may be a mobile unit or a stationary unit.
A safety corridor speed monitoring system may be used only to record the images of vehicles that are traveling at speeds at least 12 miles per hour above the posted speed limit.
A safety corridor speed monitoring system shall undergo an annual calibration check performed by an independent calibration laboratory.
The independent calibration laboratory shall issue a signed certificate of calibration after the annual calibration check that:
Shall be kept on file; and
Shall be admitted as evidence in any court proceeding for a violation of this section.
If the State Highway Administration or its contractor moves or places a safety corridor speed monitoring system to or at a safety corridor where a safety corridor speed monitoring system had not previously been moved or placed within the previous year, the State Highway Administration shall mail a warning notice instead of a citation for a violation recorded by the safety corridor speed monitoring system during the first 30 days that the safety corridor speed monitoring system is in operation.
The procurement of or relating to a safety corridor speed monitoring system by the State Highway Administration shall be conducted in accordance with Title 13, Subtitle 1 of the State Finance and Procurement Article.
The placement of a safety corridor speed monitoring system shall be determined by the State Highway Administration:
Based on an analysis using generally accepted traffic engineering practices to determine an appropriate location in a safety corridor, and after consultation with the appropriate local jurisdiction; and
In a manner that is not redundant with a speed monitoring system operated by a local jurisdiction under this subtitle.
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)(4) of this section, the driver of a motor vehicle is subject to a civil penalty if an image of the motor vehicle is recorded by a safety corridor speed monitoring system while being operated in violation of this subtitle.
A civil penalty under this subsection may not exceed:
If the citation alleges that the driver of the motor vehicle exceeded the speed limit by between 12 and 15, inclusive, miles per hour, $40;
If the citation alleges that the driver of the motor vehicle exceeded the speed limit by between 16 and 19, inclusive, miles per hour, $70;
If the citation alleges that the driver of the motor vehicle exceeded the speed limit by between 20 and 29, inclusive, miles per hour, $120;
If the citation alleges that the driver of the motor vehicle exceeded the speed limit by between 30 and 39, inclusive, miles per hour, $230; and
If the citation alleges that the driver of the motor vehicle exceeded the speed limit by 40 miles per hour or more, $425.
For the purposes of this section, the District Court shall:
Prescribe a uniform citation form consistent with subsection (d)(1) of this section and § 7–302 of the Courts Article; and
Include a place on the citation to indicate the amount of the civil penalty to be paid by persons who choose to prepay the civil penalty without appearing in District Court.
Subject to paragraphs (2) through (4) of this subsection, the State Highway Administration or its contractor shall mail to the owner liable under subsection (c) of this section a citation that shall include:
The name and address of the registered owner of the motor vehicle;
The registration plate number of the motor vehicle involved in the violation;
The violation charged;
The location where the violation occurred;
The date and time of the violation;
At least one recorded image of the vehicle with a data bar imprinted on the image that includes the speed of the vehicle and the date and time the image was recorded;
The amount of the civil penalty imposed and the date by which the civil penalty must be paid;
A signed statement under oath by an authorized State Highway Administration representative or contractor that, based on inspection of recorded images, the motor vehicle was being operated in violation of this subtitle;
A statement that recorded images are evidence of a violation of this subtitle;
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
Information advising the person alleged to be liable under this section that failure to pay the civil penalty or to contest liability in a timely manner:
Is an admission of liability;
May result in the refusal to register the motor vehicle; and
May result in the suspension of the motor vehicle registration.
The State Highway Administration or its contractor may mail a warning notice instead of a citation to the owner liable under subsection (c) of this section.
Except as provided in subsection (f)(4) of this section, the State Highway Administration or its contractor may not mail a citation to a person who is not an owner.
Except as provided in subsection (f)(4) of this section, a citation issued under this section shall be mailed not later than 2 weeks after the alleged violation if the vehicle is registered in the State, and not later than 30 days after the alleged violation if the vehicle is registered in another state.
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 in the District Court for the alleged violation.
To mail the citation or warning notice, the State Highway Administration or its contractor 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 the violation of this subtitle occurred and the requirements under subsection (b) of this section have been satisfied, sworn to or affirmed by an authorized State Highway Administration representative or contractor, based on inspection of recorded images produced by a safety corridor speed monitoring system, shall be evidence of the facts contained in the certificate and shall be admissible in a proceeding alleging a violation under this section without the presence or testimony of the safety corridor speed monitoring system operator.
If a person who received a citation under subsection (d) of this section desires the safety corridor speed monitoring system operator to be present and testify at trial, the person shall notify the District Court and the representative of the State Highway Administration or its contractor that issued the citation in writing not later than 20 days before trial.
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 the registration plates of the motor vehicle were stolen before the violation occurred and were not under the control or possession of the vehicle 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.
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 shall submit proof that a police report regarding 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 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
Includes any other corroborating evidence.
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 (3) of this subsection identifying the person driving the vehicle at the time of the violation, the clerk of the court may provide to the State Highway Administration representative or the contractor that issued 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 State Highway Administration representative or the contractor that issued the citation may issue a citation as provided in subsection (d) of this section to the person who the evidence indicates was operating the vehicle at the time of the violation.
Any 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 a person liable under this section does not pay the civil penalty or contest the violation, the Administration may refuse to register or reregister the motor vehicle cited for the violation.
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;
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 the State Highway Administration, 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.
The State Highway Administration or a contractor designated by the State Highway Administration shall administer and process civil citations issued under this section in coordination with the District Court.
If a contractor provides, deploys, or operates a safety corridor speed monitoring system for the State Highway Administration, the contractor’s fee may not be contingent on the number of citations issued or paid.
The State Highway Administration may adopt regulations establishing standards and procedures for safety corridor speed monitoring systems.