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<section article="gtr" article_name="Transportation" number="21-810.1" title_number="21" title_name="Vehicle Laws -- Rules of the Road" subtitle_number="8" subtitle_name="Speed Restrictions">
  <level label="a">
    <level label="1">
      <text>In this section the following words have the meanings indicated.</text>
    </level>
    <level label="2">
      <level label="i">
        <text>“Owner” means the registered owner of a motor vehicle or a lessee of a motor vehicle under a lease of 6 months or longer.</text>
      </level>
      <level label="ii">
        <text>“Owner” does not include:</text>
        <level label="1">
          <text>A motor vehicle rental or 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="3">
      <text>“Recorded image” means an image recorded by a speed monitoring system:</text>
      <level label="i">
        <text>On:</text>
        <level label="1">
          <text>A photograph;</text>
        </level>
        <level label="2">
          <text>A microphotograph;</text>
        </level>
        <level label="3">
          <text>An electronic image;</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:</text>
        <level label="1">
          <text>The rear of a motor vehicle;</text>
        </level>
        <level label="2">
          <text>At least two time–stamped images of the motor vehicle that include the same stationary object near the motor vehicle; and</text>
        </level>
        <level label="3">
          <text>On at least one image or portion of tape, a clear and legible identification of the entire registration plate number of the motor vehicle.</text>
        </level>
      </level>
    </level>
    <level label="4">
      <text>“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.</text>
    </level>
    <level label="5">
      <text>“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.</text>
    </level>
    <level label="6">
      <level label="i">
        <text>“Vulnerable road user” means an individual on a highway who is not traveling in a motor vehicle.</text>
      </level>
      <level label="ii">
        <text>“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.</text>
      </level>
    </level>
  </level>
  <level label="b">
    <level label="1">
      <level label="i">
        <text>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.</text>
      </level>
      <level label="ii">
        <text>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.</text>
      </level>
    </level>
    <level label="2">
      <level label="i">
        <text>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.</text>
      </level>
      <level label="ii">
        <text>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.</text>
      </level>
      <level label="iii">
        <text>A safety corridor speed monitoring system may be a mobile unit or a stationary unit.</text>
      </level>
    </level>
    <level label="3">
      <text>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.</text>
    </level>
    <level label="4">
      <level label="i">
        <text>A safety corridor speed monitoring system shall undergo an annual calibration check performed by an independent calibration laboratory.</text>
      </level>
      <level label="ii">
        <text>The independent calibration laboratory shall issue a signed certificate of calibration after the annual calibration check that:</text>
        <level label="1">
          <text>Shall be kept on file; and</text>
        </level>
        <level label="2">
          <text>Shall be admitted as evidence in any court proceeding for a violation of this section.</text>
        </level>
      </level>
    </level>
    <level label="5">
      <text>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.</text>
    </level>
    <level label="6">
      <text>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.</text>
    </level>
    <level label="7">
      <text>The placement of a safety corridor speed monitoring system shall be determined by the State Highway Administration:</text>
      <level label="i">
        <text>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</text>
      </level>
      <level label="ii">
        <text>In a manner that is not redundant with a speed monitoring system operated by a local jurisdiction under this subtitle.</text>
      </level>
    </level>
  </level>
  <level label="c">
    <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)(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.</text>
    </level>
    <level label="2">
      <text>A civil penalty under this subsection may not exceed:</text>
      <level label="i">
        <text>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;</text>
      </level>
      <level label="ii">
        <text>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;</text>
      </level>
      <level label="iii">
        <text>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;</text>
      </level>
      <level label="iv">
        <text>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</text>
      </level>
      <level label="v">
        <text>If the citation alleges that the driver of the motor vehicle exceeded the speed limit by 40 miles per hour or more, $425.</text>
      </level>
    </level>
    <level label="3">
      <text>For the purposes of this section, the District Court shall:</text>
      <level label="i">
        <text>Prescribe a uniform citation form consistent with subsection (d)(1) of this section and § 7–302 of the Courts Article; and</text>
      </level>
      <level label="ii">
        <text>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.</text>
      </level>
    </level>
  </level>
  <level label="d">
    <level label="1">
      <text>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:</text>
      <level label="i">
        <text>The name and address of the registered owner of the motor 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>The location where the violation occurred;</text>
      </level>
      <level label="v">
        <text>The date and time of the violation;</text>
      </level>
      <level label="vi">
        <text>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;</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 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;</text>
      </level>
      <level label="ix">
        <text>A statement that recorded images are evidence of a violation of this subtitle;</text>
      </level>
      <level label="x">
        <text>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</text>
      </level>
      <level label="xi">
        <text>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:</text>
        <level label="1">
          <text>Is an admission of liability;</text>
        </level>
        <level label="2">
          <text>May result in the refusal to register the motor vehicle; and</text>
        </level>
        <level label="3">
          <text>May result in the suspension of the motor vehicle registration.</text>
        </level>
      </level>
    </level>
    <level label="2">
      <text>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.</text>
    </level>
    <level label="3">
      <text>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.</text>
    </level>
    <level label="4">
      <text>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.</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 in the District Court for the alleged violation.</text>
      </level>
    </level>
    <level label="6">
      <text>To mail the citation or warning notice, the State Highway Administration or its contractor shall use:</text>
      <level label="i">
        <text>The current mailing address on file with the Administration; or</text>
      </level>
      <level label="ii">
        <text>If a mailing address is unavailable, the current residential address on file with the Administration.</text>
      </level>
    </level>
  </level>
  <level label="e">
    <level label="1">
      <text>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.</text>
    </level>
    <level label="2">
      <text>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.</text>
    </level>
    <level label="3">
      <text>Adjudication of liability shall be based on a preponderance of evidence.</text>
    </level>
  </level>
  <level label="f">
    <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 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;</text>
      </level>
      <level label="ii">
        <text>Subject to paragraph (3) of this subsection, evidence that the person named in the citation was not operating the vehicle at the time of the violation; and</text>
      </level>
      <level label="iii">
        <text>Any other issues and evidence that the District Court deems pertinent.</text>
      </level>
    </level>
    <level label="2">
      <text>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.</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 a letter, sworn to or affirmed by the person and mailed by certified mail, return receipt requested, that:</text>
      <level label="i">
        <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="ii">
        <text>Includes any other corroborating evidence.</text>
      </level>
    </level>
    <level label="4">
      <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 (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.</text>
      </level>
      <level label="ii">
        <text>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.</text>
      </level>
      <level label="iii">
        <text>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.</text>
      </level>
    </level>
  </level>
  <level label="g">
    <text>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.</text>
  </level>
  <level label="h">
    <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;</text>
    </level>
    <level label="2">
      <text>May not be recorded by the Administration on the driving record of the owner or driver of the vehicle;</text>
    </level>
    <level label="3">
      <text>May be treated as a parking violation for purposes of § 26–305 of this article; and</text>
    </level>
    <level label="4">
      <text>May not be considered in the provision of motor vehicle insurance coverage.</text>
    </level>
  </level>
  <level label="i">
    <level label="1">
      <text>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.</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="j">
    <level label="1">
      <text>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.</text>
    </level>
    <level label="2">
      <text>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.</text>
    </level>
  </level>
  <level label="k">
    <text>The State Highway Administration may adopt regulations establishing standards and procedures for safety corridor speed monitoring systems.</text>
  </level>
</section>
