Title 25. Vehicle Laws -- Respective Powers of State and Local Authorities; Disposition of Abandoned Vehicles — Subtitle 1. Powers of State and Local Authorities

Require the registration or licensing of any vehicle or driver in addition to the registration and licensing required or authorized in the Maryland Vehicle Law;

Impose on the owner or driver of any vehicle any tax, registration fee, license fee, assessment, or charge of any kind for the use of a vehicle on any highway in this State, except for tolls to finance the cost of the construction, maintenance, and operation of any bridge, tunnel or approach thereto constructed as part of the interstate system of highways under Title 23 of the United States Code and from the payment of which vehicles owned by the State are exempt; or

Otherwise make or enforce any local law, ordinance, or regulation on any subject covered by the Maryland Vehicle Law.

The provisions of the Maryland Vehicle Law prevail over all local legislation and regulation on any subject with which the Maryland Vehicle Law deals;

All public local laws, ordinances, and regulations that are inconsistent or identical with or equivalent to any provision in the Maryland Vehicle Law are repealed; and

The charters of all political subdivisions of this State are modified to prohibit the political subdivision from making or enforcing any ordinance or regulation in violation of the Maryland Vehicle Law.

A public local law for the regulation of taxicabs and taxicab drivers; or

An ordinance or regulation adopted under such a public local law.

Subject to the provisions of § 21–1003.1 of this article, regulating or prohibiting the stopping, standing, or parking of vehicles;

Regulating traffic by means of police officers or traffic control devices;

Regulating or prohibiting processions or assemblies on highways;

Designating particular highways or separate roadways as one–way highways and requiring that all vehicles on them move in one specified direction;

Regulating the speed and weight of vehicles in public parks;

Designating any highway as a through highway or designating any intersection as a stop intersection or a yield intersection;

Restricting the use of highways as provided in Title 24 of this article;

Regulating the operation of bicycles, requiring them to be registered, and imposing a registration fee;

Regulating or prohibiting the turning of vehicles or specified types of vehicles at intersections;

Altering speed limits as provided in Title 21, Subtitle 8 of this article;

Regulating through truck traffic and prohibiting trucks from using any highway or alley that is not designated or maintained as a part or extension of the State or federal highway system, provided the local authority has designated an adequate alternate route for diverted truck traffic;

Adopting any other traffic regulations as specifically authorized in the Maryland Vehicle Law;

Regulating taxi stands, including taxi stands in the middle of a block;

Requiring a motorized minibike to be permitted by the local authority, and imposing a permit fee;

In Allegany County, designating crossings on county highways where a person operating a golf cart may cross the highway for continued access to any portion of a golf course;

Restricting use of a low speed vehicle on a highway;

Authorizing an emergency vehicle not subject to registration to operate on a highway while performing an emergency service as defined in § 19–103 of this article;

Authorizing a person to cross a highway on an all–terrain vehicle at a right angle to access a farm or to move from one part of a farm to another part of the same farm; and

In Charles County:

Unless it first obtains written approval from the State Highway Administration, a local authority may not place or maintain any stop sign or traffic control signal that requires the traffic on any State highway to stop before entering or crossing any intersecting highway.

Unless it first obtains written permission from the State Highway Administration, a local authority may not place or maintain lighting along or at an intersection with a State highway.

In this section, “off-the-road motorcycle” means a motorcycle not otherwise registered under this article.

“Off-the-road motorcycle” includes motorcycles designed for off-the-road operation, motorcycles not otherwise eligible for registration under this article, and motorcycles commonly referred to as “dirt bikes”.

In this section the following words have the meanings indicated.

A local highway; and

Subject to subsection (c) of this section, any portion of a State highway designated by the State Highway Administration as a bicycle way.

An occupant of a motorized passenger scooter is placed at an unacceptable risk of injury on the bicycle way; or

The operation of a motorized passenger scooter is a threat to the safety or mobility of others along the bicycle way.

Any roadway in a business district; or

Any designated highway.

With the advice of the State Department of Education, the Motor Vehicle Administration shall adopt and enforce rules and regulations not inconsistent with the Maryland Vehicle Law to govern the safe operation of all school vehicles.

The following shall be subject to the rules and regulations adopted under this section:

Any officer or employee of any school or school district who violates any rule or regulation adopted under this section or fails to include the obligation to comply with these rules and regulations in any contract executed by him on behalf of a school or school district is guilty of misconduct and subject to removal from office or employment.

In this section the following words have the meanings indicated.

“Emergency relief” means an operation for which a motor carrier or driver of a commercial motor vehicle, in response to a transportation emergency, provides direct assistance to supplement State and local efforts and capabilities to save lives or property or to protect public health or safety.

“Essential services” includes electric or natural gas service, medical care, sewer service, water service, telecommunications service, or telecommunication transmissions.

“Essential supplies” includes food or fuel.

“Hazardous materials inspector” means a person who is assigned by the Department of the Environment and certified by the Department of State Police to perform an inspection authorized under this section.

“Natural or man–made emergency” means a hurricane, a tornado, a thunderstorm, a snowstorm, an ice storm, a blizzard, a flood, wind–driven water, a tidal wave, a tsunami, an earthquake, a volcanic eruption, a mud slide, a drought, a forest fire, an explosion, an electricity blackout, or any other similar occurrence.

“Police officer” means:

“Public Service Commission inspector” means a person who is assigned by the Public Service Commission and certified by the Department of State Police to perform an inspection authorized under this section.

“Transportation emergency” means any natural or man–made emergency that interrupts or may interrupt the delivery of essential services or essential supplies or otherwise immediately threatens human life or public welfare.

Upon direction by a police officer or by an electronic signal to vehicles equipped with a CVISN transponder, the driver of any vehicle that is subject to any regulation adopted under this section shall stop and submit to an inspection:

A police officer who is certified by the Department of State Police to perform an inspection authorized under this section, a Public Service Commission inspector, or a hazardous materials inspector may conduct a safety inspection of the vehicle that is subject to a regulation adopted under this section or § 22–409 of this article.

The driver of a vehicle shall obey every sign and every direction of a police officer or an electronic signal to a CVISN transponder to stop the vehicle and submit to the required inspection.

If a driver fails or refuses to comply with the direction of a police officer or an electronic signal to a CVISN transponder to submit a vehicle to the required inspection, the police officer shall have the authority to take the vehicle and its load into temporary custody for the purpose of inspecting the vehicle, load, its equipment, or documents.

The police officer may utilize resources as specified in § 16–303.1(b) of this article to conduct the safety inspection.

In addition to any fine or penalty attributable to the inspection, or other offense, the driver is responsible for any additional costs incurred in inspecting the vehicle and its load because of the driver’s failure or refusal to comply with the direction of a police officer or an electronic signal to a CVISN transponder.

Except as provided in subsection (i) of this section, the Administration may adopt regulations as are necessary for the safe operation of vehicles that:

Any regulation adopted pursuant to this subsection shall:

The regulations adopted under this subsection may require that registrants of motor vehicles subject to this subsection have knowledge of applicable federal and State motor carrier safety regulations.

During normal business hours, a police officer, a hazardous materials inspector, or a Public Service Commission inspector may enter the premises and inspect equipment and review and copy records of motor carriers subject to the regulations adopted under § 22–409 or § 23–302 of this article, Federal Motor Carrier Safety Regulations, Federal Hazardous Materials Regulations, or Public Service Commission laws and regulations.

During normal business hours, trained personnel from the Commercial Vehicle Enforcement Division of the Department of State Police may enter the premises and inspect, review, and copy records of motor carriers subject to the regulations adopted under this section, § 22–409 of this article, or § 23–302 of this article, including:

Except as provided for in paragraph (2) of this subsection, regulations adopted under this section for intrastate motor carrier transportation may not:

Nothing contained in this subsection limits regulation of the qualifications or hours of service of a driver of a vehicle:

Notwithstanding the provisions of § 14–107 of the Public Safety Article, the Governor may delegate the power to declare a transportation emergency to the Secretary or the Secretary’s designee.

Within 10 days of the issuance of any declaration issued under this subsection, the Secretary or the Secretary’s designee shall notify the Governor of the nature of the declaration.

For a first offense, a fine not exceeding $1,000;

For a second offense, a fine not exceeding $2,000; and

For a third or subsequent offense, a fine not exceeding $3,000.

For–hire vehicles engaged in intrastate commerce that exceed a gross vehicle weight rating of 26,000 pounds and are designed to carry property;

For–hire vehicles engaged in interstate commerce that:

Vehicles that are required to be marked or placarded for the transportation of hazardous materials or otherwise are subject to the requirements of 49 C.F.R., Part 387 when transporting hazardous materials.

In this section and in § 25–111 of this subtitle the following words have the meanings indicated.

“Cloned CVISN transponder” means a CVISN transponder or other electronic device that has been converted with the electronic serial number or other proprietary information obtained without the consent of the State.

“CVISN” means the Commercial Vehicle Information Systems and Network, a motor carrier program managed by the Department, together with other State agencies.

“CVISN transponder” means an electronic device acquired by motor carriers to allow electronic signaling through CVISN.

“Manufacture” means to produce, assemble, modify, alter, program, reprogram, or tamper with a CVISN transponder without the consent of the State.

“Sell” means to sell, exchange, give, or dispose of to another, or to offer or agree to do the same.

A person may not knowingly possess or use a cloned CVISN transponder or possess a CVISN transponder with the intent to manufacture a cloned CVISN transponder.

A person may not knowingly distribute or possess with intent to distribute, manufacture, or sell a cloned CVISN transponder.

A person may not knowingly remove a CVISN transponder from the commercial vehicle to which it is registered and place it in another vehicle.

Except as provided in paragraph (2) of this subsection, if the operator of a motor vehicle is in possession of a cloned CVISN transponder or a CVISN transponder placed in a commercial vehicle to which it is not registered, the registered owner of the motor vehicle shall be liable for the violation under this section.

A registered owner is not liable for a violation under this section if:

In addition to any other penalty provided by law, including being disqualified from driving a commercial motor vehicle under § 16–812 of this article, a driver or an owner convicted of a violation of this section is subject to imprisonment not exceeding 6 months or a fine not exceeding $500 or both.

The Administration may not register or transfer the registration of any vehicle involved in a violation of this section until final disposition of the violation.

In this section the following words have the meanings indicated.

“Law enforcement agency” means an agency that is listed in § 3–101(e) of the Public Safety Article.

“Law enforcement officer” means any person who, in an official capacity, is authorized by law to make arrests and who is an employee of a law enforcement agency.

“Maryland Police Training and Standards Commission” means the unit within the Department of Public Safety and Correctional Services established under § 3–202 of the Public Safety Article.

“Maryland Statistical Analysis Center” means the research, development, and evaluation component of the Governor’s Office of Crime Prevention and Policy.

A model format for the efficient recording of data required under subsection (d) of this section on an electronic device, or by any other means, for use by a law enforcement agency;

Guidelines that each law enforcement agency may use as a management tool to evaluate data collected by its officers for use in counseling and improved training;

A standardized format that each law enforcement agency shall use in reporting data to the Maryland Statistical Analysis Center under subsection (e) of this section; and

A model policy against race–based traffic stops that a law enforcement agency may use in developing its policy in accordance with subsection (g) of this section.

Subject to paragraph (2) of this subsection, this section applies to each law enforcement agency that has one or more law enforcement officers.

Except as provided in subsection (e)(2) of this section, this section does not apply to a law enforcement agency that is subject to an agreement with the United States Department of Justice that requires the law enforcement agency to collect data on the race or ethnicity of the drivers of motor vehicles stopped.

The date, location, and time of the stop;

The approximate duration of the stop;

The traffic violation or violations alleged to have been committed that led to the stop;

Whether a search was conducted as a result of the stop;

If a search was conducted, the reason for the search, whether the search was consensual or nonconsensual, whether a person was searched, and whether a person’s property was searched;

Whether any contraband or other property was seized in the course of the search;

Whether a warning, safety equipment repair order, or citation was issued as a result of the stop;

If a warning, safety equipment repair order, or citation was issued, the basis for issuing the warning, safety equipment repair order, or citation;

Whether an arrest was made as a result of either the stop or the search;

If an arrest was made, the crime charged;

The state in which the stopped vehicle is registered;

The gender of the driver;

The date of birth of the driver;

The state and, if available on the driver’s license, the county of residence of the driver; and

The race or ethnicity of the driver as:

A law enforcement agency shall:

A law enforcement agency that is exempt under subsection (c)(2) of this section shall submit to the Maryland Statistical Analysis Center copies of reports it submits to the United States Department of Justice in lieu of the report required under paragraph (1) of this subsection.

The Maryland Statistical Analysis Center shall analyze the annual reports of law enforcement agencies submitted under subsection (e) of this section based on a methodology developed in consultation with the Maryland Police Training and Standards Commission.

A law enforcement agency shall adopt a policy against race–based traffic stops that is to be used as a management tool to promote nondiscriminatory law enforcement and in the training and counseling of its officers.

The policy shall provide for the law enforcement agency to periodically review data collected by its officers under subsection (d) of this section and to review the annual report of the Maryland Statistical Analysis Center for purposes of paragraph (1) of this subsection.

If a law enforcement agency fails to comply with the reporting provisions of this section, the Maryland Statistical Analysis Center shall report the noncompliance to the Maryland Police Training and Standards Commission.

The Maryland Police Training and Standards Commission shall contact the law enforcement agency and request that the agency comply with the required reporting provisions.

If the law enforcement agency fails to comply with the required reporting provisions within 30 days after being contacted by the Maryland Police Training and Standards Commission, the Maryland Statistical Analysis Center and the Maryland Police Training and Standards Commission jointly shall report the noncompliance to the Governor and the Legislative Policy Committee of the General Assembly.