Chapter 18. Disposition and Records of Traffic Citations: Citation Accountability
Regulation .01 Definitions.LinkCopy Citation
A.
In this chapter, the following terms have the meanings indicated.
B.
Terms Defined.
(1)
“Administration” means the Motor Vehicle Administration.
(2)
“Chief executive officer” means the sheriff, superintendent of police, commissioner of police, police chief, deputy or assistant chief of police, or an individual having an equivalent title who is appointed or employed by a government agency to exercise equivalent supervisory authority.
(3)
“Designee” means a supervisory police officer.
(4)
“Disposition of traffic citation” means a traffic citation that has been accounted for by:
(a)
Trial;
(b)
Dismissal of the charges or other official action by a judge of the court;
(c)
Forfeiture of the collateral (if authorized by the court);
(d)
Payment of a fine;
(e)
Nolle pros;
(f)
Stet;
(g)
Voided; or
(h)
Police report.
(5)
“Inventory withdrawal form” means a requisition form issued by the Administration that authorizes the release of traffic citations to a law enforcement agency.
(6)
“Law enforcement agency” means:
(a)
A governmental police force or law enforcement agency of the State, county, or municipality which has by statute, ordinance, or common law, the authority for enforcing the general traffic laws of this State;
(b)
The Investigative Division of the Administration, which has the authority to issue citations as specified in Transportation Article, §12-104.1, Annotated Code of Maryland.
(7)
“Outstanding traffic citation” means a traffic citation that has not been issued by a police officer or accounted for by the court.
(8)
“Police officer” means an individual who has the authority to write traffic citations in this State.
(9)
“Police report” means a report, submitted to the Administration by a law enforcement agency, which explains why the citations cannot be located.
(10)
“Traffic citation” means a Maryland Uniform Complaint and Citation.
Regulation .02 Inventory Withdrawal.LinkCopy Citation
A.
The Administration shall provide inventory withdrawal forms to law enforcement agencies for use in obtaining traffic citation books from the Administration.
B.
Law enforcement agencies shall acknowledge receipt of traffic citation books on the inventory withdrawal form by returning the Administration's copy to the Administration immediately.
Regulation .03 Law Enforcement Agency Distribution.LinkCopy Citation
A.
Traffic citation books may be issued to police officers as determined appropriate by the chief executive officer or the chief executive officer's designee.
B.
A traffic citation book may not be reassigned to another police officer or another law enforcement agency without the prior authorization of the Administration.
C.
Police officers shall complete the traffic citations as instructed by the District Court.
D.
The law enforcement agency shall dispose of each copy of the five-part traffic citation in the manner required by the District Court.
E.
Police officers may not lend, borrow, or share traffic citations.
Regulation .04 Records.LinkCopy Citation
A.
The law enforcement agency shall keep its copy of every citation, or a record of every citation, for at least 3 years after issuance.
B.
The chief executive officer or the chief executive officer's designee shall submit a police report on official letterhead advising the Administration within 5 days of a lost, stolen, mutilated, or destroyed traffic citation.
C.
The Administration shall make periodic requests to law enforcement agencies for the disposition of all outstanding traffic citations.
D.
Upon request by the Administration, the chief executive officer or designee of each law enforcement agency shall account for the disposition of traffic citations in a format and within the time required by the Administration.
Chapter annotations
Authority: Transportation Article, §§12-104(b) and 26-407, Annotated Code of Maryland
History: Effective date: September 28, 1992 (19:19 Md. R. 1709)
History: Regulation .03 amended effective November 22, 2004 (31:23 Md. R. 1654)