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*sb0366*
SENATE BILL 366
R4 (6lr2232)
ENROLLED BILL
— Judicial Proceedings/Environment and Transportation —
Introduced by Senator Waldstreicher
Read and Examined by Proofreaders:
_______________________________________________
Proofreader.
_______________________________________________
Proofreader.
Sealed with the Great Seal and presented to the Governor, for his approval this
_______ day of _______________ at __ ______________________ o’clock, ________M.
______________________________________________
President.
CHAPTER ______
AN ACT concerning 1
Motor Vehicles – Intelligent Speed Assistance System Pilot Program – 2
Establishment 3
FOR the purpose of establishing the Intelligent Speed Assistance System Pilot Program; 4
requiring certain individuals whose driver’s licenses are subject to certain 5
suspension or revocation to participate in the Program; requiring the Motor Vehicle 6
Administration to issue to participants a restrictive license requiring the use of an 7
intelligent speed assistance system; prohibiting a participant from operating a motor 8
vehicle in violation of the requirements of the Program; requiring the District Court 9
to ensure that certain entries are included in a certain schedule of fines; and generally 10
relating to the Intelligent Speed Assistance System Pilot Program. 11
BY repealing and reenacting, with amendments, 12
Article – Transportation 13
Section 16–404(c) 14
2 SENATE BILL 366
Annotated Code of Maryland 1
(2020 Replacement Volume and 2025 Supplement) 2
BY adding to 3
Article – Transportation 4
Section 16–404.2 5
Annotated Code of Maryland 6
(2020 Replacement Volume and 2025 Supplement) 7
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 8
That the Laws of Maryland read as follows: 9
Article – Transportation 10
16–404. 11
(c) (1) Except as provided in paragraphs (2) [and (3) ], (3), AND (4) of this 12
subsection: 13
(i) An initial suspension may not be for less than 2 days nor more 14
than 30 days; and 15
(ii) Any subsequent suspension may not be for less than 15 days nor 16
more than 90 days. 17
(2) Subject to the provisions of paragraph (3) of this subsection, the 18
following suspension periods may apply to a suspension for an accumulation of points under 19
§ 16 –402(a)(29) of this subtitle for a violation of § 21 –902(b) or (c) of this article or a 20
suspension imposed under § 16–404.1(f)(1)(iii) of this subtitle: 21
(i) For a first conviction, not more than 6 months; 22
(ii) For a second conviction at least 5 years after the date of the first 23
conviction, not more than 9 months; 24
(iii) For a second conviction less than 5 years after the date of the 25
first conviction or for a third conviction, not more than 12 months; and 26
(iv) For a fourth or subsequent conviction, not more than 24 months. 27
(3) The Administration may issue a restrictive license for the period of the 28
suspension to an individual who participates in the Administration’s Ignition Interlock 29
System Program under § 16–404.1 of this subtitle. 30
(4) THE ADMINISTRATION MAY IS SUE A RESTRICTIVE LI CENSE FOR 31
THE PERIOD OF THE SU SPENSION AND ANY ADDITIONAL T IME REQUIRED UNDER § 32
SENATE BILL 366 3
16–404.2 OF THIS SUBTITLE TO AN INDIVIDUAL WHO PARTICIPATES IN THE 1
ADMINISTRATION’S INTELLIGENT SPEED ASSISTANCE SYSTEM PILOT PROGRAM 2
UNDER § 16–404.2 OF THIS SUBTITLE. 3
[(4)] (5) This subsection does not limit the authority of the 4
Administration to issue a restrictive license or modify a suspension imposed under this 5
subsection. 6
16–404.2. 7
(A) (1) IN THIS SECTION THE FOLLOWIN G WORDS HAVE THE MEA NINGS 8
INDICATED. 9
(2) “APPROVED SERVICE PROV IDER” MEANS A PERSON WHO I S 10
CERTIFIED BY: 11
(I) THE ADMINISTRATION TO SER VICE, INSTALL, MONITOR, 12
CALIBRATE TUNE, AND PROVIDE INFORMAT ION ON INTELLIGENT S PEED 13
ASSISTANCE SYSTEMS; AND 14
(II) A MANUFACTURER TO BE QUALIFIED TO SERVICE, INSTALL, 15
MONITOR, CALIBRATE TUNE, AND PROVIDE INFORMATION ON INTELLIGENT SPEED 16
ASSISTANCE SYSTEMS. 17
(3) “INTELLIGENT SPEED ASS ISTANCE SYSTEM ” MEANS AN 18
AFTERMARKET DEVICE T HAT DETERMINES THE APPLICABLE SPEED LIMIT AND 19
ACTIVELY PREVENTS A MOTOR VEHICLE FROM EXCEEDING THE APPLICABLE SPEED 20
LIMIT. 21
(4) “MANUFACTURER” MEANS A PERSON THAT MANUFACTURES OR 22
DISTRIBUTES INTELLIGENT SPEED ASSISTANCE SYSTEMS. 23
(4) (5) “PARTICIPANT” MEANS A PARTICI PANT IN THE 24
INTELLIGENT SPEED ASSISTANCE SYSTEM PILOT PROGRAM. 25
(5) (6) “PROGRAM” MEANS THE INTELLIGENT SPEED ASSISTANCE 26
SYSTEM PILOT PROGRAM. 27
(B) (1) THE ON OR BEFORE OCTOBER 1, 2027, THE ADMINISTRATION 28
SHALL ESTABLISH AN INTELLIGENT SPEED ASSISTANCE SYSTEM PILOT PROGRAM 29
IN ACCORDANCE WITH THIS SECTION. 30
4 SENATE BILL 366
(2) (I) THE ADMINISTRATION SHALL ESTABLISH A PROTOCOL FOR 1
THE PROGRAM THROUGH THE ADOPTION OF REGULATIONS THAT REQUIRE CERTAIN 2
MINIMUM STANDARDS FOR ALL SE RVICE PROVIDERS WHO SERVICE, INSTALL, 3
MONITOR, CALIBRATE TUNE, AND PROVIDE INFORMATION ON INTELLIGENT SPEED 4
ASSISTANCE SYSTEMS. 5
(II) THE REGULATIONS SHALL REQUIRE THAT: 6
1. A SERVICE PROVIDER WHO APPLIES TO THE 7
ADMINISTRATION FO R CERTIFICATION AS A N APPROVED SERVICE P ROVIDER 8
DEMONSTRATE THAT THE SERVICE PROVIDER IS ABLE TO COMPETENTLY SERVICE, 9
INSTALL, MONITOR, CALIBRATE TUNE, AND PROVIDE INFORMAT ION TO THE 10
ADMINISTRATION AT LEA ST EVERY 30 DAYS ON INDIVIDUALS REQUIRED TO USE 11
INTELLIGENT SPEED ASSISTANCE SYSTEMS; 12
2. A SERVICE PROVIDER WHO APPLIES TO THE 13
ADMINISTRATION FOR CE RTIFICATION AS AN AP PROVED SERVICE PROVI DER BE 14
CERTIFIED BY A SIGNED AFFIDAVIT FROM THE MANUFACTURER THAT THE SERVICE 15
PROVIDER HAS BEEN TRAINED BY AN AUTHORIZED MANUFACTURER AND THAT THE 16
SERVICE PR OVIDER IS COMPETENT TO SERVICE , INSTALL, MONITOR, CALIBRATE 17
TUNE, AND PROVIDE INFORMATION ON INTELLIGENT SPEED ASSISTANCE SYSTEMS; 18
3. APPROVED SERVICE PROVIDERS BE CONSIDERED TO 19
BE AUTHORIZED REPRESENTATIVES OF THE MANUFACTURER; AND 20
4. ANY SERVICE OF NOTICE ON AN AP PROVED SERVICE 21
PROVIDER BE CONSIDER ED TO BE SERVICE OF NOTICE ON THE MANUFA CTURER 22
WHO CERTIFIED THE APPROVED SERVICE PROVIDER. 23
(C) (1) AN INDIVIDUAL SHALL BE A PARTICIPANT IF THE INDIVIDUAL HAS 24
ACCUMULATED POINTS I N AN AMOUNT THAT WOU LD RESULT IN SUSPENS ION OR 25
REVOCATION OF A THE INDIVIDUAL’S DRIVER’S LICENSE UNDER § 16–404 OF THIS 26
SUBTITLE DUE TO ANY COMBINATION OF VIOLATIONS OF: 27
(I) § 16–402(A)(3) OF THIS SUBTITLE; 28
(II) § 16–402(A)(17) OF THIS SUBTITLE; 29
(III) § 16–402(A)(24) OF THIS SUBTITLE; 30
(IV) § 16–402(A)(27) OF THIS SUBTITLE; 31
(V) § 16–402(A)(33) OF THIS SUBTITLE; OR 32
SENATE BILL 366 5
(VI) § 16–402(A)(45) OF THIS SUBTITLE A COMBINATION OF 1
VIOLATIONS FOR EXCEEDING THE POSTED SPEED LIMIT UNDER TITLE 21, SUBTITLE 2
8 OF THIS ARTICLE, RECKLESS DRIVING UNDER § 21–901.1(A)(3) OF THIS ARTICLE, 3
OR PARTICIPATING IN A RACE OR SPEED CONT EST UNDER § 21–1116 OF THIS 4
ARTICLE. 5
(2) AN INDIVIDUAL WHO PARTICIPATES IN THE PROGRAM SHALL BE 6
A PARTICIPANT FOR 1 YEAR. 7
(3) IF AN INDIVIDUAL IS SUBJECT TO THIS SUBSECTION AND FAILS TO 8
PARTICIPATE IN THE PROGRAM OR SUCCESSFULLY COMPLETE THE PROGRAM, THE 9
ADMINISTRATION SHALL SUSPEND, NOTWITHSTANDING § 16–208 OF THIS TITLE , 10
THE INDIVIDUAL ’S DRIVER ’S LICENSE UNTIL THE INDIVIDUAL SUCCESSFU LLY 11
COMPLETES THE PROGRAM. 12
(D) (1) THE ADMINISTRATION SHALL: 13
(I) MODIFY A SUSPENSION A ND ISSUE A RESTRICTI VE 14
DRIVER’S LICENSE REQUIRING THE USE OF AN INTELL IGENT SPEED ASSISTAN CE 15
SYSTEM FOR THE DURATION OF PROGRAM PARTICIPATION TO A PARTICIPANT WHO 16
IS OTHERWISE ELIGIBLE FOR THE LICENSE; AND 17
(II) REINSTATE THE DRIVER ’S LICENSE , SUBJECT TO A 18
RESTRICTION REQUIRING THE USE OF AN INTELLIGENT SPEED ASSISTANCE SYSTEM 19
FOR THE DURATION OF PROGRAM PARTICIPATION , OF A PARTICIPANT WHO SE 20
DRIVER’S LICENSE HAS BEEN REVOKED. 21
(2) A NOTICE OF SUSPENSION OR REVOCATION OF A D RIVER’S 22
LICENSE AS DESCRIBED IN SUBSECTION (C) OF THIS SECTION SENT TO AN 23
INDIVIDUAL SHALL INC LUDE INFORMATION ABO UT THE PROGRAM AND HOW 24
INDIVIDUALS MAY PARTICIPATE IN THE PROGRAM. 25
(3) THE ADMINISTRATION SHALL ES TABLISH A FEE FOR 26
PARTICIPATION IN THE PROGRAM THAT IS SUFFI CIENT TO COVER THE C OSTS OF 27
THE PROGRAM. 28
(E) A PARTICIPANT MAY NOT OPERATE A MOTOR VEHICLE IN VIOLATION OF 29
THE REQUIREMENTS OF THE PROGRAM. 30
(F) A PARTICIPANT IS CONSIDERED TO HAVE BEGUN PARTICIPATION IN THE 31
PROGRAM ON THE DAY THE INTELLIGENT SPEED ASSISTANCE SYSTEM IS INSTALLED 32
IN THE PARTICIPANT’S MOTOR VEHICLE. 33
6 SENATE BILL 366
(G) (1) AN INDIVIDUAL REQUIRE D TO USE AN INTELLIG ENT SPEED 1
ASSISTANCE SYSTEM UNDER THIS SECTION: 2
(I) SHALL BE MONITORED BY THE ADMINISTRATION; AND 3
(II) EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS 4
SUBSECTION, SHALL PAY THE FEE RE QUIRED BY THE ADMINISTRATION UNDER 5
SUBSECTION (D)(3) OF THIS SECTION. 6
(2) THE ADMINISTRATION SHALL WAIVE THE FEE REQUIRED UNDER 7
THIS SUBSECTION FOR AN INDIVIDUAL WHO IS INDIGENT. 8
(H) IF AN INDIVIDUAL COMP LETES THE PROGRAM AND THE INDIV IDUAL’S 9
LICENSE IS NOT REFUSED, REVOKED, SUSPENDED, OR CANCELED UNDER ANOTHER 10
PROVISION OF THIS AR TICLE, THE ADMINISTRATION SHALL REINSTATE THE 11
INDIVIDUAL’S DRIVER’S LICENSE OR ISSUE IMMEDIATELY A DRIVER’S LICENSE TO 12
THE INDIVIDUAL, AS APPROPRIATE. 13
(I) (1) IF THE ADMINISTRATION REMOVE S AN INDIVIDUAL FROM THE 14
PROGRAM BECAUSE THE I NDIVIDUAL VIOLATED A REQUIREMENT OF THE 15
PROGRAM, THE ADMINISTRATION MAY ALLOW THE INDIVIDU AL TO REENTER THE 16
PROGRAM AFTER A PERIOD OF 30 10 DAYS FROM THE DATE OF REMOVAL. 17
(2) IF AN INDIVIDUAL REEN TERS THE PROGRAM UNDER THIS 18
SUBSECTION, THE INDIVIDUAL SHALL PARTICIPATE IN THE PROGRAM FOR 3 19
MONTHS IN ADDITION T O THE PERIOD OF TIME THAT WAS NEC ESSARY FOR 20
SUCCESSFUL COMPLETION OF THE PROGRAM AT THE TIME T HE INDIVIDUAL WAS 21
REMOVED FROM THE PROGRAM. 22
(J) (1) SUBJECT TO PARAGRAPHS (3) AND (4) OF THIS SUBSECTION, THE 23
ADMINISTRATION OR A V ENDOR CONTRACTED BY THE ADMINISTRATION MAY 24
SHARE DATA COLLECTED UNDER THIS SECTION ONLY: 25
(I) WHEN REQUIRED BY COURT ORDER; 26
(II) AS REQUIRED BY STATE LAW; 27
(III) WITH THE DEPARTMENT OR THE COU RT WITH 28
JURISDICTION OVER A PROGRAM PARTICIPANT REGARDING A VIOLATIO N BY A 29
PARTICIPANT; OR 30
(IV) FOR RESEARCH PURPOSES, IF THE DATA IS ANONYMIZED. 31
SENATE BILL 366 7
(2) SUBJECT TO PARAGRAPHS (3) AND (4) OF THIS SUBSECTION, THE 1
ADMINISTRATION OR A V ENDOR CONTRACTED BY THE ADMINISTRATION MAY 2
RETAIN DATA COLLECTED UNDER THIS SECTION ONLY TO: 3
(I) CONFIRM COMPLI ANCE WITH PROGRAM REQUIREMENTS ; 4
OR 5
(II) EVALUATE OR IMPROVE T HE EFFECTIVENESS OF THE 6
PROGRAM. 7
(3) THE ADMINISTRATION OR ANY VENDOR CONTRACTED BY THE 8
ADMINISTRATION SHALL REMOVE FROM ITS RECO RDS AND DESTROY ANY DATA 9
COLLECTED UNDER THIS SECTION WITHIN 30 DAYS AFTER COLLECTING THE DATA. 10
(4) DATA COLLECTED UNDER THIS SECTION MAY NOT BE SOLD FOR 11
ANY PURPOSE BY THE ADMINISTRATION OR A V ENDOR CONTRACTED BY THE 12
ADMINISTRATION, INCLUDING THE SALE O F SUBSCRIPTIONS OR L ICENSES TO 13
ACCESS DATA. 14
(J) (K) (1) THE ADMINISTRATION SHALL ADOPT REGULATIONS TO 15
CARRY OUT THIS SECTION. 16
(2) THE REGULATIONS ADOPT ED UNDER THIS SUBSEC TION SHALL 17
INCLUDE REQUIREMENTS FOR A PARTICIPANT TO OPERATE A MOTOR VEHI CLE 18
EQUIPPED WITH AN INT ELLIGENT SPEED ASSISTANCE SYSTEM IN A SA FE MANNER, 19
AS DETERMINED BY THE ADMINISTRATION. 20
SECTION 2. AND BE IT FURTHER ENACTED, That the District Court shall ensure 21
that the fine schedule for certain violations of the Maryland Vehicle Law includes separate 22
entries for § 21–901.1(a)(1), (2), and (3) of the Transportation Article. 23
SECTION 2. 3. AND BE IT FURTHER ENACTED, That, on or before December 30, 24
2029 2030, the Motor Vehicle Administration shall report to the Governor and, in 25
accordance with § 2 –1257 of the State Government Article, the General Assembly on the 26
implementation of this Act, including: 27
(1) a description of the Intelligent Speed Assistance System Pilot Program; 28
and 29
(2) the number of individuals who: 30
(i) were eligible to participate in the Pilot Program through 31
September 30, 2030; 32
(ii) participated in the Pilot Program through September 30, 2030; 33
8 SENATE BILL 366
(iii) participated as a result of: 1
1. a first suspension of the participant’s driver’s license; 2
2. a second or subsequent suspension of the participant ’s 3
driver’s license; and 4
3. a revocation of the participant’s driver’s license; 5
(iv) 1. was required to participate in the Pilot Program and failed 6
to participate in the Pilot Program; 7
2. failed to successfully complete the Pilot Program; and 8
3. reentered the Pilot Program; and 9
(v) successfully completed the Pilot Program through September 30, 10
2030. 11
SECTION 3. 4. AND BE IT FURTHER ENACTED, That this Act shall take effect 12
October 1, 2026. It shall remain effective for a period of 3 4 years and 9 months and, at the 13
end of June 30, 2030 2031, this Act, with no further action required by the General 14
Assembly, shall be abrogated and of no further force and effect. 15
Approved:
________________________________________________________________________________
Governor.
________________________________________________________________________________
President of the Senate.
________________________________________________________________________________
Speaker of the House of Delegates.