The following is an excerpt from "The Maryland Vehicle Law, 1997" reprinted from the Annotated Code of Maryland and 1997 Supplement.  This excerpt was scanned using OCR technology.  There may be minor errors in form and spelling due to the scanning/recognition process.  This is presented for information only, any legal inquiries must be resolved by referring to the actual printed legislation.

(a) Definitions. - (1) In this section the following words have the meanings indicated.

(2) "Agency" means:
 

(i)  For a traffic control signal operated and maintained at an intersection under the control of the State, the law enforcement agency primarily responsible for traffic control at that intersection; or
(ii)  For a traffic control signal operated and maintained at an intersection under the control of a political subdivision, a law enforcement agency of the political subdivision that is authorized to issue citations for a violation of the Maryland Vehicle Law or of local traffic laws or regulations.

(i)  "Owner" means the registered owner of a motor vehicle or a lessee of a motor vehicle under a lease of 6 months or more.
(ii)  "Owner" does not include a motor vehicle rental or leasing company or a holder of a special registration plate issued under Part III of Title 13, Subtitle 9 of this article.

(i) On:

1. Two or more photographs;
2. Two or more microphotographs;
3. Two or more electronic images;
4. Videotape; or
5. Any other medium; and
(ii) Showing the rear of a motor vehicle and, on at least one image or portion of tape, clearly identifying the registration plate number of the motor vehicle.

(b) Applicability of section.-This section applies to a violation of § 21­202 (h) of this subtitle at an intersection monitored by a traffic control signal monitoring system.

(c) Violations; civil penalties.-(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) (5) of this section, the driver of a motor vehicle is subject to a civil penalty if the motor vehicle is recorded by a traffic control signal monitoring system while being operated in violation of § 21-202 (h) of this subtitle.

(2) A civil penalty under this subsection may not exceed $100.

(3) For purposes of this section, the District Court shall prescribe:

(i)A uniform citation form consistent with subsection (d) (1) of this section and § 7­302 of the Courts and Judicial Proceedings Article; and;
(ii)A civil penalty, which shall be indicated on the citation, to be paid by persons who choose to prepay the civil penalty without appearing in District Court.

(1) Subject to the provisions of paragraphs (2) through (4) of this subsection, an agency shall mail to the owner liable under subsection (c) of this section a citation which shall include:

(i)  The name and address of the registered owner of the vehicle;
(ii)  The registration number of the motor vehicle involved in the violation;
(iii)  The violation charged;
(iv)  The location of the intersection;
(v)  The date and time of the violation;
(vi)  A copy of the recorded image;
(vii)  The amount of the civil penalty imposed and the date by which the civil penalty should be paid;
(viii)  A signed statement by a technician employed by the agency that, based on inspection of recorded images, the motor vehicle was being operated in violation of § 21­202 (h) of this subtitle;
(ix)  A statement that recorded images are evidence of a violation of § 21­202 (h) of this subtitle; and
(x)  Information advising the person alleged to be liable under this section:
1. Of the manner and time in which liability as alleged in the citation may be contested in the District Court; and
2. Warning that failure to pay the civil penalty or to contest liability in a timely manner is an admission of liability and may result in refusal or suspension of the motor vehicle registration.

1. Pay the civil penalty, in accordance with instructions on the citation, directly to the political subdivision or to the District Court; or
2. Elect to stand trial for the alleged violation.

(2) Adjudication of liability shall be based on a preponderance of evidence.

(f) Defenses. - (1) The District Court may consider in defense of a violation:
 

(i) That the driver of the vehicle passed through the intersection in violation of § 21­202 (h) of this subtitle:

1. In order to yield the right­of-way to an emergency vehicle; or
2. As part of a funeral procession in accordance with § 21­207 of this subtitle;
(ii)  Subject to paragraph (2) of this subsection, that the motor vehicle or registration plates of the motor vehicle were stolen  before the violation occurred and were not under the control or possession of the owner at the time of the violation
(iii)  That under § 21­201 of this subtitle, this section is unenforceable against the owner because at the time and place of the alleged violation, the traffic control signal was not in proper position and legible enough to be seen by an ordinarily observant individual;
(iv)  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
(v)  Any other issues and evidence that the District Court deems pertinent.

(3) To satisfy the evidentiary burden under paragraph (1) (iv) of this subsection, the person named in the citation shall provide to the District Court evidence to the satisfaction of the court of who was operating the vehicle at the time of the violation, including, at a minimum, the operator's name and current address.

(4) (i) The provisions of this paragraph apply only to a citation that involves a Class E (truck) vehicle with a registered gross weight of 26,001 pounds or more, Class F (tractor) vehicle, Class G (trailer) vehicle operated in combination with a Class F (tractor) vehicle, and Class P (passenger bus) vehicle.

(ii) To satisfy the evidentiary burden under paragraph (1) (iv) of this subsection, the person named in a citation described under subparagraph (i) of this paragraph may provide to the District Court a letter, sworn to or affirmed by the person and mailed by certified mail, return receipt requested, that:

1. States that the person named in the citation was not operating the vehicle at the time of the violation; and
2. Provides the name, address, and driver's license identification number of the person who was operating the vehicle at the time of the violation.

(ii)  Upon the receipt of substantiating evidence from the District Court under subparagraph (i) of this paragraph, an agency may issue a citation as provided in subsection (d) of this section to the person that the evidence indicates was operating the vehicle at the time of the violation.
(iii)  A 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.

(h) Nature of violations. -A violation for which a civil penalty is imposed under this section:

1. Is not a moving violation for the purpose of assessing points under § 16­402 of this article and may not be recorded by the Administration on the driving record of the owner or driver of the vehicle;
2. May be treated as a parking violation for purposes of § 26­305 of this article; and
3. May not be considered in the provision of motor vehicle insurance coverage.

(i) Procedures. -In consultation with local governments, 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. (1997, ch. 315.)

Editor's note.-Section 2, ch. 315, Acts 1997, Drovides that the act shall take effect Oct. 1, 1997.