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<section article="gtr" article_name="Transportation" number="21-810" 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">
      <text>“Local police department” means:</text>
      <level label="i">
        <text>The police department of any municipal corporation;</text>
      </level>
      <level label="ii">
        <text>The police department of any county; and</text>
      </level>
      <level label="iii">
        <text>The sheriff’s department of any county that has highway traffic patrol responsibilities.</text>
      </level>
    </level>
    <level label="3">
      <level label="i">
        <text>“Owner” means the registered owner of a motor vehicle or a lessee of a motor vehicle under a lease of 6 months or 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="4">
      <text>“Recorded image” means an image recorded by a work zone speed control 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="5">
      <text>“State police department” means:</text>
      <level label="i">
        <text>The Department of State Police; and</text>
      </level>
      <level label="ii">
        <text>The Maryland Transportation Authority Police.</text>
      </level>
    </level>
    <level label="6">
      <text>“Work zone” means a segment of a highway:</text>
      <level label="i">
        <text>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;</text>
      </level>
      <level label="ii">
        <text>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</text>
      </level>
      <level label="iii">
        <text>That is equipped with:</text>
        <level label="1">
          <text>Signage designating each entrance and exit to the work zone; and</text>
        </level>
        <level label="2">
          <text>Flashing lights that operate whenever workers are present at the work zone.</text>
        </level>
      </level>
    </level>
    <level label="7">
      <text>“Work zone speed control system” means a device that:</text>
      <level label="i">
        <text>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</text>
      </level>
      <level label="ii">
        <text>Is equipped with flashing blue lights.</text>
      </level>
    </level>
    <level label="8">
      <text>“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:</text>
      <level label="i">
        <text>A police officer;</text>
      </level>
      <level label="ii">
        <text>A representative of a local police department;</text>
      </level>
      <level label="iii">
        <text>A representative of a State police department; or</text>
      </level>
      <level label="iv">
        <text>A State Highway Administration contractor.</text>
      </level>
    </level>
  </level>
  <level label="b">
    <level label="1">
      <text>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:</text>
      <level label="i">
        <text>Within a work zone; and</text>
      </level>
      <level label="ii">
        <text>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.</text>
      </level>
    </level>
    <level label="2">
      <level label="i">
        <text>A work zone speed control system may be used only:</text>
        <level label="1">
          <text>On a highway as specified in paragraph (1) of this subsection; and</text>
        </level>
        <level label="2">
          <text>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.</text>
        </level>
      </level>
      <level label="ii">
        <text>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.</text>
      </level>
      <level label="iii">
        <level label="1">
          <text>Multiple work zone speed control systems may be implemented and used in a work zone.</text>
        </level>
        <level label="2">
          <text>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.</text>
        </level>
      </level>
    </level>
    <level label="3">
      <text>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.</text>
    </level>
    <level label="4">
      <level label="i">
        <text>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.</text>
      </level>
      <level label="ii">
        <text>On completion of the training, the manufacturer shall issue a signed certificate to the work zone speed control system operator.</text>
      </level>
      <level label="iii">
        <text>The certificate of training shall be admitted as evidence in any court proceeding for a violation of this section.</text>
      </level>
    </level>
    <level label="5">
      <text>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:</text>
      <level label="i">
        <text>States the date and time when and the location where the system was set up;</text>
      </level>
      <level label="ii">
        <text>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;</text>
      </level>
      <level label="iii">
        <text>Shall be kept on file; and</text>
      </level>
      <level label="iv">
        <text>Shall be admitted as evidence in any court proceeding for a violation of this section.</text>
      </level>
    </level>
    <level label="6">
      <level label="i">
        <text>A work zone speed control 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="7">
      <text>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.</text>
    </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 work zone speed control system in accordance with subsection (b) of this section while being operated in violation of this subtitle.</text>
    </level>
    <level label="2">
      <text>Except as provided in paragraph (3) of this subsection, a civil penalty under this subsection is:</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, $60;</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, $80;</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, $140;</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, $270; 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, $500.</text>
      </level>
    </level>
    <level label="3">
      <text>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.</text>
    </level>
    <level label="4">
      <text>For 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>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.</text>
      </level>
    </level>
  </level>
  <level label="d">
    <level label="1">
      <text>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:</text>
      <level label="i">
        <text>The name and address of the registered owner of the vehicle;</text>
      </level>
      <level label="ii">
        <text>The registration number of the motor vehicle involved in the violation;</text>
      </level>
      <level label="iii">
        <text>The violation charged;</text>
      </level>
      <level label="iv">
        <text>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 each 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 should be paid;</text>
      </level>
      <level label="viii">
        <text>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;</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 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.</text>
    </level>
    <level label="3">
      <text>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.</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 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.</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, a local police department, State police department, or police department 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 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.</text>
    </level>
    <level label="2">
      <text>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.</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 police department 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 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.</text>
      </level>
      <level label="iii">
        <text>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.</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:</text>
    <level label="1">
      <text>Refuse to register or reregister the registration of the motor vehicle cited for the violation; or</text>
    </level>
    <level label="2">
      <text>Suspend the registration of the motor vehicle cited for the violation.</text>
    </level>
  </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 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.</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 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.</text>
    </level>
    <level label="2">
      <text>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.</text>
    </level>
  </level>
  <level label="k">
    <level label="1">
      <text>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:</text>
      <level label="i">
        <text>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</text>
      </level>
      <level label="ii">
        <text>That the State Highway Administration did not conduct any such pilot program in the previous fiscal year.</text>
      </level>
    </level>
    <level label="2">
      <text>A report submitted under paragraph (1)(i) of this subsection shall include information on:</text>
      <level label="i">
        <text>How data collected from the device tested may be used for the enforcement of violations of this subtitle in work zones; and</text>
      </level>
      <level label="ii">
        <text>Any legislative or regulatory changes that would be necessary to authorize the effective use of the device.</text>
      </level>
    </level>
  </level>
  <level label="l">
    <text>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.</text>
  </level>
  <level label="m">
    <text>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.</text>
  </level>
</section>
