§ 21-809. Speed monitoring systems
West's Annotated Code of MarylandTransportationEffective: October 1, 2023 to June 30, 2026
Effective: October 1, 2023 to June 30, 2026
MD Code, Transportation, § 21-809
§ 21-809. Speed monitoring systems
<Section effective until July 1, 2026. See, also, section 21-809 effective July 1, 2026 through Oct. 1, 2026, section 21-809 effective Oct. 1, 2026 through Oct. 1, 2028, and section 21-809 effective Oct. 1, 2028.>
(b)(1)(i) A speed monitoring system may not be used in 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.
(iv) 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.
(v) 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:
B. 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;
3. 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, in Anne Arundel County on Maryland Route 175 (Jessup Road) between the Maryland Route 175/295 interchange and the Anne Arundel County-Howard County line, or at the intersection of Maryland Route 333 (Oxford Road) and Bonfield Avenue in Talbot 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:
4. 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, in Anne Arundel County on Maryland Route 175 (Jessup Road) between the Maryland Route 175/295 interchange and the Anne Arundel County-Howard County line, or at the intersection of Maryland Route 333 (Oxford Road) and Bonfield Avenue in Talbot 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.
2. A. The local 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.
B. If the local designee determines that the citation is an erroneous violation, the local designee shall void the citation.
C. If the local designee determines that a person did not receive notice of a citation issued under this section due to an administrative error, the local designee may resend the citation in accordance with subsection (d) of this section or void the citation.
D. A local 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.
E. A local designee may not determine that a citation is an erroneous violation based solely on the dismissal of the citation by a court.
3. A local 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.
4. On receipt of a written question or concern from a person, the local designee shall provide a written answer or response to the person within a reasonable time.
5. A local jurisdiction shall make any written questions or concerns received under this subparagraph and any subsequent written answers or responses available for public inspection.
1. 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; and
(6)(i) 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, including a curriculum of best practices in the State.
(c)(1) 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.
(d)(1) 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:
(4) 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.
(e)(1) 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 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.
(f)(1) The District Court may consider in defense of a violation:
(2) 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.
(4)(i) 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.
(g) 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.
(h) A violation for which a civil penalty is imposed under this section:
(i) In consultation with the appropriate local government agencies, 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.
(j)(1) 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.
(k)(1) On or before December 31 of each year, the Maryland Police Training and Standards Commission shall:
Credits
Added by Acts 2006, c. 15, § 1, eff. Feb. 24, 2006. Amended by Acts 2005, c. 25, § 13, eff. April 12, 2005; Acts 2008, c. 36, § 1, eff. April 8, 2008; Acts 2009, c. 500, § 1, eff. Oct. 1, 2009; Acts 2010, c. 474, § 1, eff. June 1, 2010; Acts 2011, c. 65, § 5, eff. April 12, 2011; Acts 2014, c. 490, § 1, eff. June 1, 2014; Acts 2014, c. 491, § 1, eff. June 1, 2014; Acts 2018, c. 12, § 6; Acts 2018, c. 806, § 1, eff. Oct. 1, 2018; Acts 2019, c. 8, § 1, eff. March 27, 2019; Acts 2019, c. 8, § 5; Acts 2019, c. 586, § 1, eff. June 1, 2019; Acts 2020, c. 39, § 1, eff. Oct. 1, 2020; Acts 2020, c. 40, § 1, eff. Oct. 1, 2020; Acts 2021, c. 109, § 5; Acts 2020, c. 147, § 1, eff. June 1, 2020; Acts 2020, c. 628, § 1, eff. May 8, 2020; Acts 2021, c. 447, § 1, eff. Oct. 1, 2021; Acts 2021, c. 628, § 1, eff. June 1, 2021; Acts 2021, c. 642, § 1, eff. Oct. 1, 2021; Acts 2022, c. 582, § 1, eff. Oct. 1, 2022; Acts 2022, c. 583, § 1, eff. Oct. 1, 2022; Acts 2023, c. 49, § 6; Acts 2023, c. 592, § 1, eff. Oct. 1, 2023; Acts 2023, c. 593, § 1, eff. Oct. 1, 2023; Acts 2023, c. 606, § 1, eff. June 1, 2023; Acts 2023, c. 610, § 1, eff. Oct. 1, 2023.
MD Code, Transportation, § 21-809, MD TRANS § 21-809
Current through legislation effective through April 9, 2023, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
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