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SB0458 • 2026

Vehicle Laws – Crosswalk Monitoring Systems – Authorization

Vehicle Laws – Crosswalk Monitoring Systems – Authorization

Education
Passed Legislature

This bill passed both chambers and reached final enrollment, even if later executive action is not shown here.

Sponsor
Senator Rosapepe
Last action
2026-02-23
Official status
In the Senate - Withdrawn by Sponsor
Effective date
2026-10-01

Plain English Breakdown

Using official source text because the generated explanation was unavailable or could not be confirmed against the official bill text.

Vehicle Laws – Crosswalk Monitoring Systems – Authorization

Authorizing the use of crosswalk monitoring systems in school zones if authorized by local law; providing that the owner or driver of a motor vehicle recorded failing to yield to a pedestrian crossing a roadway in a crosswalk is subject to a citation and a certain civil penalty under certain circumstances; establishing certain defenses to a charge of an alleged violation recorded by a crosswalk monitoring system; and prohibiting a contractor administering a crosswalk monitoring system from being compensated on a per-ticket basis.

What This Bill Does

  • Authorizing the use of crosswalk monitoring systems in school zones if authorized by local law; providing that the owner or driver of a motor vehicle recorded failing to yield to a pedestrian crossing a roadway in a crosswalk is subject to a citation and a certain civil penalty under certain circumstances; establishing certain defenses to a charge of an alleged violation recorded by a crosswalk monitoring system; and prohibiting a contractor administering a crosswalk monitoring system from being compensated on a per-ticket basis.

Limits and Unknowns

  • This entry is temporarily using official source text because the generated explanation could not be confirmed against the official bill text during the last sync.

Bill History

  1. 2026-02-23 Senate

    Withdrawn by Sponsor

  2. 2026-02-09 Senate

    Hearing canceled

  3. 2026-02-04 Senate

    Hearing 2/12 at 1:00 p.m.

  4. 2026-02-02 Senate

    First Reading Judicial Proceedings

  5. Maryland General Assembly

    Text - First - Vehicle Laws – Crosswalk Monitoring Systems – Authorization

  6. Maryland General Assembly

    Vote - Senate - Committee - Judicial Proceedings

Official Summary Text

Authorizing the use of crosswalk monitoring systems in school zones if authorized by local law; providing that the owner or driver of a motor vehicle recorded failing to yield to a pedestrian crossing a roadway in a crosswalk is subject to a citation and a certain civil penalty under certain circumstances; establishing certain defenses to a charge of an alleged violation recorded by a crosswalk monitoring system; and prohibiting a contractor administering a crosswalk monitoring system from being compensated on a per-ticket basis.

Current Bill Text

Read the full stored bill text
EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXISTING LAW.
[Brackets] indicate matter deleted from existing law.
*sb0458*

SENATE BILL 458
R5 6lr1393

By: Senator Rosapepe
Introduced and read first time: February 2, 2026
Assigned to: Judicial Proceedings

A BILL ENTITLED

AN ACT concerning 1

Vehicle Laws – Crosswalk Monitoring Systems – Authorization 2

FOR the purpose of authorizing the use of crosswalk monitoring systems in school zones if 3
authorized by local law; providing that the owner or driver of a motor vehicle 4
recorded failing to yield to a pedestrian crossing a roadway in a crosswalk is subject 5
to a citation and a certain civil penalty under certain circumstances; establishing 6
certain defenses to a charge of an alleged violation recorded by a crosswalk 7
monitoring system; prohibiting a contractor administering a crosswalk monitoring 8
system from being compensated in a certain manner; and generally relating to the 9
use of crosswalk monitoring systems. 10

BY repealing and reenacting, with amendments, 11
Article – Courts and Judicial Proceedings 12
Section 4–401(13), 7–302(e)(1) through (3) and (4)(i), and 10–311 13
Annotated Code of Maryland 14
(2020 Replacement Volume and 2025 Supplement) 15

BY repealing and reenacting, without amendments, 16
Article – Transportation 17
Section 21–502 18
Annotated Code of Maryland 19
(2020 Replacement Volume and 2025 Supplement) 20

BY adding to 21
Article – Transportation 22
Section 21–502.2 23
Annotated Code of Maryland 24
(2020 Replacement Volume and 2025 Supplement) 25

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 26
That the Laws of Maryland read as follows: 27
2 SENATE BILL 458

Article – Courts and Judicial Proceedings 1

4–401. 2

Except as provided in § 4–402 of this subtitle, and subject to the venue provisions of 3
Title 6 of this article, the District Court has exclusive original civil jurisdiction in: 4

(13) A proceeding for a civil infraction under § 21 –202.1, § 21–502.2, § 5
21–704.1, § 21–706.1, § 21–707.1, § 21–809, § 21–810, § 21–1134, § 22–612, or § 24–111.3 6
of the Transportation Article or § 10–112 of the Criminal Law Article; 7

7–302. 8

(e) (1) (i) A citation issued under § 21 –202.1, § 21–502.2, § 21 –706.1, § 9
21–707.1, § 21 –809, § 21 –810, § 21 –1134, § 22 –612, or § 24 –111.3 of the Transportation 10
Article shall provide that the person receiving the citation may elect t o stand trial by 11
notifying the issuing agency of the person’s intention to stand trial at least 5 days before 12
the date of payment as set forth in the citation. 13

(ii) On receipt of the notice to stand trial, the agency shall forward 14
to the District Court having venue a copy of the citation and a copy of the notice from the 15
person who received the citation indicating the person’s intention to stand trial. 16

(iii) On receipt thereof, the District Court shall schedule the case for 17
trial and notify the defendant of the trial date under procedures adopted by the Chief Judge 18
of the District Court. 19

(2) (i) A citation issued as the result of any of the following systems or 20
cameras controlled by a political subdivision shall provide that, in an uncontested case, the 21
penalty shall be paid directly to that political subdivision: 22

1. A vehicle height monitoring system; 23

2. A traffic control signal monitoring system; 24

3. A speed monitoring system; 25

4. A work zone speed control system; 26

5. A stop sign monitoring system; 27

6. A CROSSWALK MONITORING SYSTEM; 28

7. A school bus monitoring camera; 29

[7.] 8. A bus lane monitoring system; or 30
SENATE BILL 458 3

[8.] 9. A noise abatement monitoring system. 1

(ii) A citation issued as the result of any of the following systems or 2
cameras controlled by a political subdivision shall provide that, in a contested case, the 3
penalty shall be paid directly to the District Court: 4

1. A vehicle height monitoring system; 5

2. A traffic control signal monitoring system; 6

3. A speed monitoring system; 7

4. A work zone speed control system; 8

5. A stop sign monitoring system; 9

6. A CROSSWALK MONITORING SYSTEM; 10

7. A school bus monitoring camera; 11

[7.] 8. A bus lane monitoring system; or 12

[8.] 9. A noise abatement monitoring system. 13

(iii) A citation issued as the result of any of the following systems or 14
cameras controlled by a State agency shall provide that, in an uncontested or contested 15
case, the penalty shall be paid directly to the District Court: 16

1. A traffic control signal monitoring system; 17

2. A work zone speed control system; 18

3. A speed monitoring system; or 19

4. A bus lane monitoring system. 20

(3) (i) Except as provided in subparagraphs (ii) and (iii) of this 21
paragraph and paragraph (6) of this subsection, civil penalties resulting from citations 22
issued using a vehicle height monitoring system, traffic control signal monitoring system, 23
speed monitoring system, work zone speed control system, stop sign monitoring system, 24
CROSSWALK MONITORING SYSTEM, school bus monitoring camera, bus lane monitoring 25
system, or a noise abatement monitoring system that are collected by the District Court 26
shall be collected i n accordance with subsection (a) of this section and distributed in 27
accordance with § 12–118 of the Transportation Article. 28

4 SENATE BILL 458

(ii) 1. The fines collected by the District Court as a result of 1
violations enforced by speed monitoring systems on Interstate 695 in Baltimore County and 2
Interstate 83 in Baltimore County shall be remitted to the Comptroller for distribution to 3
the State Highway Administration to be used solely to: 4

A. Recover the cost of implementing and administering the 5
speed monitoring sys tems on Interstate 695 in Baltimore County and Interstate 83 in 6
Baltimore County; and 7

B. Assist in covering the cost of roadway and safety 8
improvements on Interstate 695 in Baltimore County and Interstate 83 in Baltimore 9
County. 10

2. Fines distribu ted to the State Highway Administration 11
under subsubparagraph 1 of this subparagraph are supplemental to and are not intended 12
to take the place of funding that would otherwise be appropriated for uses described under 13
subsubparagraph 1 of this subparagraph. 14

(iii) Civil penalties resulting from citations issued using a speed 15
monitoring system controlled by the Maryland Transportation Authority that are collected 16
by the District Court shall be collected in accordance with subsection (a) of this section and 17
remitted to the Maryland Transportation Authority. 18

(4) (i) Except as provided in paragraphs (5) and (6) of this subsection, 19
from the fines collected by a political subdivision as a result of violations enforced by speed 20
monitoring systems, work zone sp eed control systems, stop sign monitoring systems, 21
CROSSWALK MONITORING SYSTEMS, school bus monitoring cameras, bus lane 22
monitoring systems, or noise abatement monitoring systems, a political subdivision: 23

1. May recover the costs of implementing and administering 24
the speed monitoring systems, work zone speed control systems, stop sign monitoring 25
systems, CROSSWALK MONITORING SYSTEMS, school bus monitoring cameras, bus lane 26
monitoring systems, or noise abatement monitoring systems; and 27

2. Subject t o subparagraphs (ii), (iii), and (iv) of this 28
paragraph, may spend any remaining balance solely for public safety purposes, including 29
pedestrian or highway safety programs. 30

10–311. 31

(a) A recorded image of a motor vehicle produced by a traffic control si gnal 32
monitoring system in accordance with § 21 –202.1 of the Transportation Article is 33
admissible in a proceeding concerning a civil citation issued under that section for a 34
violation of § 21–202(h) of the Transportation Article without authentication. 35

(b) A recorded image of a motor vehicle produced by a speed monitoring system 36
in accordance with § 21 –809 or § 21 –810 of the Transportation Article is admissible in a 37
SENATE BILL 458 5

proceeding concerning a civil citation issued under that section for a violation of Title 21, 1
Subtitle 8 of the Transportation Article without authentication. 2

(c) A recorded image of a motor vehicle produced by a school bus monitoring 3
camera in accordance with § 21 –706.1 of the Transportation Article is admissible in a 4
proceeding concerning a civil citation issued under that section for a violation of § 21 –706 5
of the Transportation Article without authentication. 6

(d) A recorded image of a motor vehicle produced by a vehicle height monitoring 7
system in accordance with § 24 –111.3 of the Trans portation Article is admissible in a 8
proceeding concerning a civil citation issued under that section for a violation of a State or 9
local law restricting the presence of certain vehicles during certain times without 10
authentication. 11

(e) A recorded image of a motor vehicle produced by a bus lane monitoring system 12
in accordance with § 21 –1134 of the Transportation Article is admissible in a proceeding 13
concerning a civil citation issued under that section for a violation of § 21 –1133 of the 14
Transportation Article without authentication. 15

(f) A recorded image of a motor vehicle and any relevant recorded audio produced 16
by a noise abatement monitoring system in conjunction with a noise measuring device in 17
accordance with § 22 –612 of the Transportation Article is admissible in a proceeding 18
concerning a civil citation issued under that section for a violation of § 22 –602 of the 19
Transportation Article without authentication. 20

(g) A recorded image of a motor vehicle produced by a stop sign monitoring system 21
in accordance with § 21 –707.1 of the Transportation Article is admissible in a proceeding 22
concerning a civil citation issued under that section for a violation of § 21 –707 of the 23
Transportation Article without authentication. 24

(h) A RECORDED IMAGE OF A MOTOR VEHICLE PRODUCED BY A CROSSWALK 25
MONITORING SYSTEM IN ACCORDANCE WITH § 21–502.2 OF THE TRANSPORTATION 26
ARTICLE IS ADMISSIBLE IN A PROCEEDING CONCERNING A CIVIL CITATION ISSUED 27
UNDER THAT SECTION F OR A VIOLATION OF § 21–502(A)(2) OF THE 28
TRANSPORTATION ARTICLE WITHOUT AUTHENTICATION. 29

(I) In any other judicial proceeding, a recorded image produced by a vehicle 30
height monitoring system, traffic control signal monitoring system, speed monitoring 31
system, work zone speed control system, stop sign monitoring system, CROSSWALK 32
MONITORING SYSTEM, school bus monitoring camera, or bus lane monitoring system or a 33
recorded image and any relevant recorded audio produced by a noise abatement monitoring 34
system in conjunction with a noise measuring device is admissible as otherw ise provided 35
by law. 36

Article – Transportation 37

6 SENATE BILL 458

21–502. 1

(a) (1) This subsection does not apply where: 2

(i) A pedestrian tunnel or overhead pedestrian crossing is provided, 3
as described in § 21–503(b) of this subtitle; or 4

(ii) A traffic control signal is in operation. 5

(2) The driver of a vehicle shall come to a stop when a pedestrian crossing 6
the roadway in a crosswalk is: 7

(i) On the half of the roadway on which the vehicle is traveling; or 8

(ii) Approaching from an adjacent lane on the other half of the 9
roadway. 10

(b) A pedestrian may not suddenly leave a curb or other place of safety and walk 11
or run into the path of a vehicle which is so close that it is impossible for the driver to yield. 12

(c) If, at a marked crosswalk or at an unmark ed crosswalk at an intersection, a 13
vehicle is stopped to let a pedestrian cross the roadway, the driver of any other vehicle 14
approaching from the rear may not overtake and pass the stopped vehicle. 15

(d) A person may not commit a violation of subsection (a) or (c) of this section that 16
contributes to an accident. 17

(e) A person convicted of a violation of subsection (d) of this section is subject to 18
imprisonment not exceeding 2 months or a fine not exceeding $1,000 or both. 19

21–502.2. 20

(A) (1) IN THIS SECTION THE FOLLOWIN G WORDS HAVE THE MEA NINGS 21
INDICATED. 22

(2) “AGENCY” MEANS A LAW ENFORCEMENT AGEN CY THAT IS 23
AUTHORIZED TO ISSUE A CITATION FOR A VIOLATION OF THE MARYLAND VEHICLE 24
LAW OR OF LOCAL TRAFFIC LAWS OR REGULATIONS. 25

(3) “CROSSWALK MONITORING SYSTEM” MEANS A DEVICE DESIGNED 26
TO CAPTURE A RECORDED IMAGE OF A VIOLATION. 27

(4) (I) “OWNER” MEANS THE REGISTERED OWNER OF A MOTOR 28
VEHICLE OR LESSEE OF A MOTOR VEHICLE UNDER A LEASE OF 6 MONTHS OR MORE. 29

(II) “OWNER” DOES NOT INCLUDE: 30
SENATE BILL 458 7

1. A MOTOR VEHICLE LEASING COMPANY; OR 1

2. A HOLDER OF A SPECIAL REGISTRATION PLATE 2
ISSUED UNDER TITLE 13, SUBTITLE 9, PART III OF THIS ARTICLE. 3

(5) “RECORDED IMAGE” MEANS IMAGES RECORDED BY A CROSSWALK 4
MONITORING SYSTEM: 5

(I) ON: 6

1. TWO OR MORE PHOTOGRAPHS; 7

2. TWO OR MORE MICROPHOTOGRAPHS; 8

3. TWO OR MORE ELECTRONIC IMAGES; 9

4. VIDEOTAPE; OR 10

5. ANY OTHER MEDIUM; AND 11

(II) SHOWING A MOTOR VEHICLE AND, ON AT LEAST ONE IMAGE 12
OR PORTION OF TAPE , CLEARLY IDENTIFYING THE REGISTRATION PLATE NUMBER 13
OF THE MOTOR VEHICLE. 14

(6) (I) “VIOLATION” MEANS A FAILURE TO C OME TO A STOP AT A 15
CROSSWALK IN VIOLATION OF § 21–502(A)(2) OF THIS SUBTITLE. 16

(II) “VIOLATION” DOES NOT INCLUDE ANY ACTION A DRIVER IS 17
INSTRUCTED TO TAKE BY A POLICE OFFICER. 18

(B) (1) SUBJECT TO PARAGRAPHS (2) THROUGH (5) OF THIS 19
SUBSECTION, AN AGENCY MAY USE CROSSWALK MONITORING SYSTEMS: 20

(I) ON HIGHWAYS LOCATED IN A SCHOOL ZONE MAINTAINED BY 21
A LOCAL JURISDICTION, IF AUTHORIZED BY THE GOVERNING BODY OF TH E LOCAL 22
JURISDICTION; OR 23

(II) ON STATE HIGHWAYS LOCATE D IN A SCHOOL ZONE , IF 24
AUTHORIZED BY THE STATE HIGHWAY ADMINISTRATION. 25

(2) A CROSSWALK MONITORING SYSTEM MAY NOT BE USED IN A 26
LOCAL JURISDICTION UNDER THIS SECTION UNLESS ITS USE IS AUTHORIZED BY THE 27
8 SENATE BILL 458

GOVERNING BODY OF THE LOCAL JU RISDICTION BY LOCAL LAW ENACTED AFTER 1
REASONABLE NOTICE AND A PUBLIC HEARING. 2

(3) A COUNTY SHALL PRIORIT IZE THE PLACEMENT OF CROSSWALK 3
MONITORING SYSTEMS W ITHIN MUNICIPALITIES THAT HAVE HIGH VIOLA TION 4
RATES. 5

(4) BEFORE BEGINNING USE OF CROSSWALK MONITORING SYSTEMS, 6
AN AGENCY SHALL PUBLISH NOTICE THAT THE AGENCY HAS ADOPTED THE USE OF 7
CROSSWALK MONITORING SYSTEMS O N ITS WEBSITE AND IN A NEWSPAPER OF 8
GENERAL CIRCULATION IN THE JURISDICTION IN WHICH THE CROSSWA LK 9
MONITORING SYSTEM WILL BE USED. 10

(5) (I) A COUNTY SHALL PROMINENTLY PL ACE SIGNS ON 11
HIGHWAYS WITHIN THE COUNTY PROVIDING NOTICE THA T CROSSWALK 12
MONITORING SYSTEMS ARE USED IN THE COUNTY. 13

(II) THE STATE HIGHWAY ADMINISTRATION SHALL PLACE 14
SIGNS PROMINENTLY PROVIDING NOTICE THAT CROSSWALK MONITORING SYSTEMS 15
ARE IN USE ON STATE HIGHWAYS. 16

(C) A RECORDED IMAGE UNDER THIS SECTION INDICAT ING THAT THE 17
DRIVER OF A MOTOR VEHICLE HAS COMMITTED A VIOLATION SHALL INCLUDE: 18

(1) THE TIME AND DATE OF THE VIOLATION; AND 19

(2) TO THE EXTENT POSSIBLE, THE LOCATION OF THE VIOLATION. 20

(D) (1) UNLESS THE DRIVER OF THE MOTOR VEHICLE RE CEIVED A 21
CITATION FROM A POLI CE OFFICER AT THE TI ME OF THE VIOLATION , THE OWNER 22
OR, IN ACCORDANCE WITH S UBSECTION (E)(3) OR (G)(4) OR (5) OF THIS SECTION , 23
THE DRIVER OF A MOTOR VEHICLE IS SUBJECT TO A CIVIL PENALTY IF THE MOTOR 24
VEHICLE IS RECORDED BY A CROSSWALK MONITORING SYSTEM DU RING THE 25
COMMISSION OF A VIOLATION. 26

(2) A CIVIL PENALTY UNDER THIS SUBSECTION MAY NOT EXCEED $40. 27

(3) FOR PURPOSES OF THIS SECTION, THE DISTRICT COURT SHALL 28
PRESCRIBE: 29

(I) A UNIFORM CITATION FOR M CONSISTENT WITH 30
SUBSECTION (E)(1) OF THIS SECTION AND § 7–302 OF THE COURTS ARTICLE; AND 31

SENATE BILL 458 9

(II) A CIVIL PENALTY , WHICH SHALL BE INDIC ATED ON THE 1
CITATION, TO BE PAID BY PERSON S WHO CHOOSE TO PREPAY THE CIVIL PENALTY 2
WITHOUT APPEARING IN DISTRICT COURT. 3

(E) (1) SUBJECT TO THE PROVISIONS OF PARAGRAPHS (2) THROUGH (5) 4
OF THIS SUBSECTION , AN AGENCY SHALL MAIL TO THE OWNER LIABLE UNDER 5
SUBSECTION (D) OF THIS SECTION A CITATION THAT SHALL INCLUDE: 6

(I) THE NAME AND ADDRESS OF THE REGISTERED OW NER OF 7
THE VEHICLE; 8

(II) THE REGISTRATION NUMB ER OF THE MOTOR VEHI CLE 9
INVOLVED IN THE VIOLATION; 10

(III) THE VIOLATION CHARGED; 11

(IV) TO THE EXTENT POSSIBL E, THE LOCATION OF THE 12
VIOLATION; 13

(V) THE DATE AND TIME OF THE VIOLATION; 14

(VI) A COPY OF THE RECORDED IMAGE; 15

(VII) THE AMOUNT OF THE CIV IL PENALTY IMPOSED A ND THE 16
DATE BY WHICH THE CIVIL PENALTY MUST BE PAID; 17

(VIII) A SIGNED STATEMENT BY A TECHNICIAN EMPLOYED BY THE 18
AGENCY THAT, BASED ON THE INSPECTION OF THE RECORDED IMAGE, THE MOTOR 19
VEHICLE WAS BEING OPERATED DURING THE COMMISSION OF A VIOLATION; 20

(IX) A STATEMENT THAT THE RECORDED IMAGE IS EVIDENCE OF 21
A VIOLATION; AND 22

(X) INFORMATION ADVISING THE PERSON ALLE GED TO BE 23
LIABLE UNDER THIS SECTION: 24

1. OF THE MANNER AND TIM E IN WHICH LIABILITY AS 25
ALLEGED IN THE CITATION MAY BE CONTESTED IN THE DISTRICT COURT; AND 26

2. THAT FAILURE TO PAY T HE CIVIL PENALTY OR TO 27
CONTEST LIABILITY IN A TIMELY MANNER IS AN ADMISSION OF LIABILITY AND MAY 28
RESULT IN REFUSAL OR SUSPENSION OF THE MOTOR VEHICLE REGISTRATION. 29

10 SENATE BILL 458

(2) THE AGENCY MAY MAIL A WARNING NOTICE IN PL ACE OF A 1
CITATION TO THE OWNER LIABLE UNDER SUBSECTION (D) OF THIS SECTION. 2

(3) (I) BEFORE MAILING A CITA TION TO A MOTOR VEHICLE 3
RENTAL COMPANY LIABL E UNDER SUBSECTION (D) OF THIS SECTION , AN AGENCY 4
SHALL MAIL A NOTICE TO THE MOTOR VEHICLE RENTAL COMPANY STATING THAT A 5
CITATION WILL BE MAI LED TO THE MOTOR VEH ICLE RENTAL COMPANY UNLESS, 6
WITHIN 45 DAYS AFTER RECEIV ING THE NOTICE , THE MOTOR VEHICLE RE NTAL 7
COMPANY PROVIDES THE AGENCY WITH: 8

1. A STATEMENT MADE UNDER OATH THAT STATES THE 9
NAME AND LAST KNOWN MAILING ADDRESS OF T HE INDIVIDUAL DRIVIN G OR 10
RENTING THE MOTOR VEHICLE WHEN THE VIOLATION OCCURRED; 11

2. A. A STATEMENT MADE UNDER OATH THAT 12
STATES THAT THE MOTO R VEHICLE RENTAL COM PANY IS UNABLE TO DE TERMINE 13
WHO WAS DRIVING THE VEHICLE AT THE TIME THE VIOLATION OCCURRED BECAUSE 14
THE MOTOR VEHICLE WAS STOLEN AT THE TIME OF THE VIOLATION; AND 15

B. A COPY OF THE POLICE REPORT AS SOCIATED WITH 16
THE MOTOR VEHICLE THEFT CLAIMED UNDER ITEM A OF THIS ITEM; OR 17

3. PAYMENT FOR THE PENAL TY ASSOCIATED WITH T HE 18
VIOLATION. 19

(II) AN AGENCY MAY NOT MAI L A CITATION TO A MO TOR 20
VEHICLE RENTAL COMPA NY LIABLE UNDER SUBS ECTION (D) OF THIS SECTION IF 21
THE MOTOR VEHICLE RE NTAL COMPANY COMPLIE S WITH SUBPARAGRAPH (I) OF 22
THIS PARAGRAPH. 23

(4) EXCEPT AS PROVIDED IN PARAGRAPH (3) OF THIS SUBSECTION 24
AND SUBSECTION (G)(4) AND (5) OF THIS SECTION, A CITATION ISSUED UNDER THIS 25
SECTION SHALL BE MAILED NOT LATER THAN 2 WEEKS AFTER THE ALLE GED 26
VIOLATION. 27

(5) A PERSON WHO RECEIVES A CITATION UNDER PARAGRAPH (1) OF 28
THIS SUBSECTION MAY: 29

(I) PAY THE CIVIL PENALTY IN ACCORDANCE WITH 30
INSTRUCTIONS ON THE CITATION; OR 31

(II) ELECT TO STAND TRIAL FOR THE ALLEGED VIOLATION. 32

SENATE BILL 458 11

(F) (1) A CERTIFICATE ALLEGING THAT A VIOLATION OCCURRED, SWORN 1
TO OR AFFIRMED BY A DULY AUTHORIZED LAW ENFORCEMENT OFFICER EMPLOYED 2
BY OR UNDER CONTRACT WITH AN AGENCY , BASED ON THE INSPECT ION OF A 3
RECORDED IMAGE , SHALL BE EVIDENCE OF THE FACTS CONTAINED IN T HE 4
CERTIFICATE AND SHAL L BE ADMISSIBLE IN A NY PROCEEDING CONCER NING THE 5
ALLEGED VIOLATION. 6

(2) ADJUDICATION OF LIABI LITY SHALL BE BASED ON A 7
PREPONDERANCE OF THE EVIDENCE. 8

(G) (1) THE DISTRICT COURT MAY CONSIDER IN DEFENSE OF A 9
VIOLATION: 10

(I) SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION , THAT 11
THE MOTOR VEHICLE OR REGISTRATION PLATES OF THE MOTOR VEHICLE WERE 12
STOLEN BEFORE THE VIOLATION OCCURRED AND WERE NOT UNDER THE CONTROL 13
OR POSSESSION OF THE OWNER AT THE TIME OF THE VIOLATION; 14

(II) SUBJECT TO PARAGRAPH (3) OF THIS SUBSECTION , 15
EVIDENCE THAT THE PE RSON NAMED IN THE CI TATION WAS NOT OPERA TING THE 16
VEHICLE AT THE TIME OF THE VIOLATION; AND 17

(III) ANY OTHER ISSUES AND EVIDENCE THAT THE DISTRICT 18
COURT CONSIDERS PERTINENT. 19

(2) TO DEMONSTRATE THAT T HE MOTOR VEHICLE OR THE 20
REGISTRATION PLATES WERE STOLEN BEFORE T HE VIOLATION OCCURRE D AND 21
WERE NOT UNDER THE C ONTROL OR POSSESSION OF THE OWNER AT THE TIME OF 22
THE VIOLATION, THE OWNER MUST SUBMIT PROOF THAT A POLICE REPORT ABOUT 23
THE STOLEN MOTOR VEH ICLE OR REGISTRATION PLATES WAS FILED IN A TIMELY 24
MANNER. 25

(3) TO SATISFY THE EVIDEN TIARY BURDEN UNDER P ARAGRAPH 26
(1)(II) OF THIS SUBSECTION, THE PERSON NAMED IN THE CITATION SHALL PROVIDE 27
TO THE DISTRICT COURT EVIDENCE TO THE SATI SFACTION OF THE DISTRICT 28
COURT OF WHO WAS OPER ATING THE VEHICLE AT THE TIME OF THE VIOL ATION, 29
INCLUDING, AT A MINIMUM, THE OPERATOR’S NAME AND CURRENT ADDRESS. 30

(4) (I) THE PROVISIONS OF THI S PARAGRAPH APPLY ON LY TO A 31
CITATION THAT INVOLVES A CLASS E (TRUCK) VEHICLE WITH A REGISTERED GROSS 32
WEIGHT OF 26,001 POUNDS OR MORE , CLASS F (TRACTOR) VEHICLE, CLASS G 33
(TRAILER) VEHICLE OPERATED IN COMBINATION WITH A CLASS F (TRACTOR) 34
VEHICLE, OR CLASS P (PASSENGER BUS) VEHICLE. 35

12 SENATE BILL 458

(II) TO SATISF Y THE EVIDENTIARY BU RDEN UNDER 1
PARAGRAPH (1)(II) OF THIS SUBSECTION , THE PERSON NAMED IN A CITATION 2
DESCRIBED UNDER SUBPARAGRAPH (I) OF THIS PARAGRAPH MAY PROVIDE TO THE 3
DISTRICT COURT A LETTER, SWORN TO OR AFFIRMED BY THE PERSON AND MAILED 4
BY CERTIFIED MAIL, RETURN RECEIPT REQUESTED, THAT: 5

1. STATES THAT THE PERSO N NAMED IN THE CITAT ION 6
WAS NOT OPERATING THE VEHICLE AT THE TIME OF THE VIOLATION; AND 7

2. PROVIDES THE NAME , ADDRESS, AND DRIVER ’S 8
LICENSE IDENTIFICATI ON NUMBER OF THE PER SON WHO WAS OP ERATING THE 9
VEHICLE AT THE TIME OF THE VIOLATION. 10

(5) (I) IF THE DISTRICT COURT FINDS THAT THE PERSON NAMED 11
IN THE CITATION WAS NOT OPERATING THE VE HICLE AT THE TIME OF THE 12
VIOLATION OR RECEIVE S EVIDENCE UNDER PAR AGRAPH (4)(II)2 OF THIS 13
SUBSECTION IDENTIFYING THE PERSON DRIVING THE VEHICLE AT THE TIME OF THE 14
VIOLATION, THE CLERK OF COURT S HALL PROVIDE TO THE AGENCY ISSUING THE 15
CITATION A COPY OF A NY EVIDENCE SUBSTANT IATING WHO WAS OPERA TING THE 16
VEHICLE AT THE TIME OF THE VIOLATION. 17

(II) ON RECEIPT OF SUBSTANTIATING EVIDE NCE FROM THE 18
DISTRICT COURT UNDER SUBPARAGR APH (I) OF THIS PARAGRAPH , THE AGENCY 19
MAY ISSUE A CITATION AS PROVIDED IN SUBSECTION (E) OF THIS SECTION TO T HE 20
PERSON WHO THE EVIDENCE INDICATES WAS OPERATING THE VEHICLE AT THE TIME 21
OF THE VIOLATION. 22

(III) A CITATION ISSUED UNDE R SUBPARAGRAPH (II) OF THIS 23
PARAGRAPH SHALL BE MAILED NOT LATER THAN 2 WEEKS AFTER RECEIPT OF THE 24
EVIDENCE FROM THE DISTRICT COURT. 25

(H) IF THE CIVIL PENALTY IS NOT PAID AND THE VIOLATION IS NOT 26
CONTESTED, THE ADMINISTRATION MAY REFUSE TO REGISTER OR REREGISTER OR 27
MAY SUSPEND THE REGISTRATION OF THE MOTOR VEHICLE. 28

(I) A VIOLATION FOR WHICH A CIVIL PENALTY IS I MPOSED UNDER THIS 29
SECTION: 30

(1) IS NOT A MOVING VIOLA TION FOR THE PURPOSE OF ASSESSING 31
POINTS UNDER § 16–402 OF THIS ARTICLE AND MAY NOT BE RECORDED BY THE 32
ADMINISTRATION ON THE DRIVING RECORD OF TH E OWNER OR DRIVER OF THE 33
VEHICLE; AND 34

SENATE BILL 458 13

(2) MAY NOT BE CONSIDERED IN THE PROVISION OF MOTOR VEHICLE 1
INSURANCE COVERAGE. 2

(J) IN CONSULTATION WITH LAW ENFORCEM ENT AGENCIES , THE CHIEF 3
JUDGE OF THE DISTRICT COURT SHALL ADOPT PRO CEDURES FOR THE ISSU ANCE 4
OF CITATIONS, TRIALS FOR VIOLATIONS, AND THE COLLECTION OF CIVIL PENALTIES 5
IMPOSED UNDER THIS SECTION. 6

(K) (1) AN AGENCY OR AN AGENT OR A CONTRACTOR DESIGNATED BY THE 7
AGENCY SHALL ADMINIS TER AND PROCESS CIVI L CITATIONS ISSUED U NDER THIS 8
SECTION IN COORDINATION WITH THE DISTRICT COURT. 9

(2) IF A CONTRACTOR IN AN Y MANNER OPERATES A CROSSWALK 10
MONITORING SYSTEM OR ADMINISTERS OR PROCESSES CITATIONS GENERATED BY 11
A CROSSWALK MONITORING SY STEM ON BEHALF OF A LOCAL JURISDICTION, THE 12
CONTRACTOR’S FEE MAY NOT BE CON TINGENT ON A PER –TICKET BASIS ON THE 13
NUMBER OF CITATIONS ISSUED OR PAID. 14

SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 15
October 1, 2026. 16