Subtitle 11: Miscellaneous Rules - Maryland Auto Accident Law

(a) Duty of driver upon leaving unattended vehicle. — Except as provided in subsection (c) of this section, a person driving or otherwise in charge of a motor vehicle may not leave it unattended until the engine is stopped, the ignition locked, the key removed, and the brake effectively set.

(b) Procedure for vehicles on grades. — A person driving or otherwise in charge of a motor vehicle may not leave the motor vehicle unattended until, if the vehicle is on a grade, the front wheels are turned to the curb or side of the highway.

(c) Animals left in vehicles. —

(1) When a cat or dog is left in the unattended vehicle of an on-duty law enforcement officer or an animal control officer, the provisions of subsection (a) of this section do not apply to the law enforcement officer or the animal control officer.

(2) Subsection (a) of this section does not apply to a person who:

(i) Is in charge of a motor vehicle that has had the engine started using a remote keyless ignition system and has been operating unattended for up to 5 consecutive minutes when the vehicle is not in motion; or

(ii) Allows a motor vehicle that is locked and is on private property not open to the public to operate unattended for up to 5 consecutive minutes when the vehicle is not in motion.

NOTES:

CASES & EXAMPLES:

Similar Law in Other Jurisdictions

Illinois: 625 ILCS 5/11-1401: Unattended motor vehicles
New York: Section 1210: Unattended motor vehicle

§ 21-1102. Limitations on backing

(a) General conditions. — The driver of a vehicle may not back it unless the movement can be made safely and without interfering with other traffic.

(b) When backing prohibited. — The driver of a vehicle may not back it on any shoulder or roadway of any controlled access highway.

NOTES:

CASES & EXAMPLES:

Similar Law in Other Jurisdictions

Arizona: 28-891: Backing limitations
Pennsylvania: § 3702: Limitations on backing

§ 21-1103. Driving on sidewalk

(a) Driving prohibited. — Except as provided in subsection (b), (c), or (d) of this section, a person may not drive any vehicle on a sidewalk or sidewalk area unless it is a permanent or authorized temporary driveway.

(b) Exceptions — Bicycles, play vehicles, etc. —

(1) For the purposes of this subsection, “bicycle” does not include “moped”, as defined in § 11-134.1 of this article.

(2) Where allowed by local ordinance, a person may ride a bicycle, play vehicle, or unicycle on a sidewalk or sidewalk area.

(3) In a place where a person may ride a bicycle on a sidewalk or sidewalk area, a person may also ride a bicycle from the curb or edge of the roadway in or through a crosswalk to the opposite curb or edge of the roadway.

(c) Exceptions — Special vehicles of individuals with disabilities persons. — Unless prohibited by local ordinance, an individual with a disability may use a special vehicle other than a wheelchair on sidewalks or sidewalk areas.

(d) Use of wheelchair on sidewalks. — An individual may use a wheelchair on sidewalks or sidewalk areas in accordance with § 21-501.1 of this title.

NOTES:

CASES & EXAMPLES:

Similar Law in Other Jurisdictions

Ohio: 4511.711: Driving on sidewalk
Virginia: Virginia Code 46.2-903: Riding or driving vehicles on sidewalks; exceptions

§ 21-1104. Obstruction to driver’s view or driving mechanism

(a) Load or number of passengers. — A person may not drive a vehicle if it is so loaded or there is in the front seat so many passengers as to:

(1) Obstruct the view of the driver to the front or sides of the vehicle; or

(2) Interfere with the control of the driver over the driving mechanism of the vehicle.

(b) Position of passengers. — A passenger in a vehicle may not ride in any position where he:

(1) Interferes with the view of the driver to the front or sides of the vehicle; or

(2) Interferes with the control of the driver over the driving mechanism of the vehicle.

(c) Obstruction of view through windshield. —

(1) Except as provided in paragraph (2) of this subsection and subject to paragraph (3) of this subsection, a person may not drive a vehicle on a highway with any object, material, or obstruction so located in or on the vehicle as to interfere with the clear view of the driver through the windshield.

(2) This subsection does not apply to:

(i) Required or permitted equipment of the vehicle;

(ii) Adjustable, nontransparent sun visors that are not attached to glass; or

(iii) Direction, destination, or termini signs on any passenger common carrier motor vehicle.

(3)

(i) A person may not drive a vehicle on a highway with any object, material, or obstruction hanging from the rearview mirror that interferes with the clear view of the driver through the windshield.

(ii) A police officer may enforce this paragraph only as a secondary action when the police officer detains a driver of a motor vehicle for a suspected violation of another provision of the Code.

(d) Signs and materials on windshield or windows. —

(1) Except as provided in paragraphs (2) and (3) of this subsection, a person may not drive a vehicle with any sign, poster, card, sticker, or other nontransparent material on the windshield, side wings, or side or rear windows of the vehicle.

(2) This subsection does not apply to:

(i) Materials placed on the windshield or rear window, within a 7 inch square area in the lower corner, or on the side windows of the vehicle to the rear of the driver, if the materials are placed so as not to interfere with the driver’s clear view of traffic;

(ii) Direction, destination, or termini signs on any passenger common carrier motor vehicle; or

(iii) Electronic toll collection tags placed in the windshield of a vehicle in accordance with the regulations of the Maryland Transportation Authority.

(3) The Administration shall adopt regulations to exempt from the provisions of paragraph (1) of this subsection materials placed on the windshield of a vehicle in compliance with security measures required by a federal or State government agency and approved by the Administration.

NOTES:

CASES & EXAMPLES:

Similar Law in Other Jurisdictions

New York: Section 1213: Obstruction to driver’s view or driving mechanism
Virginia: Virginia Code 46.2-855: Driving with driver’s view obstructed or control impaired

§ 21-1105. Opening and closing vehicle doors

(a) Opening door. — A person may not open the door of a motor vehicle on any side available to moving traffic unless:

(1) It is reasonably safe to do so; and

(2) It can be done without interfering with the movement of other traffic.

(b) Failing to close door. — A person may not leave a door open on any side of a vehicle available to moving traffic for any period longer than necessary to load or unload passengers.

NOTES:

CASES & EXAMPLES:

Similar Law in Other Jurisdictions

Virginia: Virginia Code 46.2-818.1: Opening and closing motor vehicle doors; penalty
Washington: RCW 46.61.620: Opening and closing vehicle doors

§ 21-1106. Riding in mobile homes

(a) Riding prohibited. — A person may not occupy any mobile home while it is being towed on a highway.

(b) Duties of driver. — The driver of a vehicle may not permit any person to occupy a mobile home that is being towed on a highway by the driver.

NOTES:

CASES & EXAMPLES:

Similar Law in Other Jurisdictions

Maine: §2061: Riding in trailers
Pennsylvania: § 3706: Riding in house trailers, mobile homes or boats on trailers

§ 21-1107. Restrictions on persons in cargo areas of vehicles

(a) Applicability of section. — Subject to subsection (c) of this section, this section applies to:

(1) A truck that has a gross vehicle weight rating of 10,001 pounds or more; and

(2) A truck/trailer or truck tractor/semitrailer or trailer combination that has a combined gross vehicle weight rating of 10,001 pounds or more.

(b) Applicability of section — Highways. — While a vehicle subject to this section is being operated on a highway:

(1) The driver may not allow a person to occupy the area of the vehicle primarily intended to carry cargo; and

(2) A person may not occupy the area of the vehicle primarily intended to carry cargo.

(c) Scope of section. — This section does not apply to:

(1) An attendant delegated to care for livestock;

(2) A vehicle that is controlled or operated by a farmer and is:

(i) Used to transport agricultural products, farm machinery, or farm supplies to or from a farm;

(ii) Not used in the operations of a common or contract motor carrier; and

(iii) Used within 150 miles of the farmer’s farm;

(3) A vehicle owned or operated by the U.S. Department of Defense if the vehicle is controlled or operated by:

(i) Active duty military personnel; or

(ii) A member of the military reserves or National Guard on active duty, including personnel on full-time National Guard duty and personnel on part-time training; or

(4) A vehicle traveling at a speed of not more than 25 miles per hour.

NOTES:

CASES & EXAMPLES:

Similar Law in Other Jurisdictions

Maine: §2088: Passengers restricted to passenger compartment of pickup truck
Ohio: 4511.51(E): Hitchhiking – soliciting employment, business, or contributions from occupant of vehicle

§ 21-1108. Coasting prohibited

(a) Vehicles generally. — If a motor vehicle is traveling on a downgrade, the driver of the motor vehicle may not coast with the gears or transmission in neutral.

(b) Truck or bus. — If a truck or bus is traveling on a downgrade, the driver of the truck or bus may not coast with the clutch disengaged.

NOTES:

CASES & EXAMPLES:

Similar Law in Other Jurisdictions

Illinois: 625 ILCS 5/11-1410: Coasting prohibited
Virginia: Virginia Code 46.2-811: Coasting prohibited

§ 21-1109. Following fire apparatus prohibited; passing parking or backing emergency vehicles prohibited

(a) Fire apparatus. — Unless he is on official business, the driver of a vehicle may not:

(1) Follow within 500 feet of any fire apparatus traveling in response to a fire alarm; or

(2) Drive or park within 300 feet of any fire apparatus stopped in response to a fire alarm.

(b) Passing parking or backing emergency vehicles. — The driver of a vehicle may not pass an emergency vehicle within 100 feet of an entrance ramp of a fire or rescue station when the emergency vehicle is in the process of parking or backing.

NOTES:

CASES & EXAMPLES:

Similar Law in Other Jurisdictions

Pennsylvania: § 3707: Driving or stopping close to fire apparatus
Virginia: Virginia Code 46.2-921: Following or parking near fire apparatus or emergency medical services vehicle

§ 21-1110. Crossing fire hose

Unless he has the consent of the fire department official in command, the driver of a vehicle may not drive over any unprotected hose of a fire department that is laid down on any highway or private driveway.

NOTES:

CASES & EXAMPLES:

Similar Law in Other Jurisdictions

Florida: 316.2034: Crossing fire hose
Texas: Sec. 545.205: Crossing fire hose

§ 21-1111. Putting glass, injurious substances, or refuse on highway or bridge or in waters prohibited

(a) Throwing or depositing certain injurious substances. — A person may not drop, throw, or place on a highway any glass bottle, glass, nails, tacks, wire, cans, or any other substance likely to injure any person, animal, or vehicle on the highway.

(b) Duty to remove certain substances. — Any person who drops, throws, or places or permits to be dropped, thrown, or placed on a highway any destructive, hazardous, or injurious material immediately shall remove it or cause it to be removed.

(c) Wrecked or damaged vehicles. — Any person removing a wrecked or damaged vehicle from a highway also shall remove from the highway any glass or other injurious substance dropped from the vehicle.

(d) Refuse on highway or public bridge or in public waters. — A person may not throw, dump, discharge, or deposit any trash, junk, or other refuse on any highway or public bridge or in any public waters.

(e) Responsibility of vehicle owner or driver for violation. — The owner of the vehicle, if present in the vehicle, or, in his absence, the driver of the vehicle is presumed to be responsible for any violation of this section, if:

(1) The violation is caused by an occupant of the vehicle;

(2) The vehicle has two or more occupants; and

(3) It cannot be determined which occupant is the violator.

(f) Violation of section considered moving violation. — A violation of this section is considered a moving violation for purposes of § 16-402 of this article.

NOTES:

CASES & EXAMPLES:

Similar Law in Other Jurisdictions

New York: Section 1219: Putting glass or other injurious substances on highway prohibited
Virginia: Virginia Code 18.2-324: Throwing or depositing certain substances upon highway; removal of such substances

§ 21-1112. Turning off lights to avoid identification prohibited

A person may not turn off any vehicle lights to avoid identification.

NOTES:

CASES & EXAMPLES:

Similar Law in Other Jurisdictions

Pennsylvania: § 3734: Driving without lights to avoid identification or arrest

§ 21-1112.1. Obscuring or modifying vehicle registration plate with intent to avoid identification prohibited

(a) In general. — A person may not obscure or modify any vehicle registration plate with intent to avoid identification.

(b) Violation of section considered moving violation. — A violation of this section is a moving violation for the purpose of the assessment of points under § 16-402 of this article.

NOTES:

CASES & EXAMPLES:

Similar Law in Other Jurisdictions

Virginia: Virginia Code 46.2-716: How license plates fastened to vehicle; altering appearance of license plates
Washington: 46.16A.200(1): License plates

§ 21-1113. Placing traffic hazard along highway prohibited

(a) Placing structures, buildings, etc., on highway. — A person may not place any structure, building, or vehicle on a highway to sell or display any produce or merchandise if it constitutes a traffic hazard.

(b) Prince George’s County. — In Prince George’s County, a person may not sell or display any produce or merchandise on State highways in a manner that constitutes a traffic hazard.

(c) Removal of prohibited structure, building, etc.; cessation of activity. — On the order of any police officer, the person shall:

(1) Remove the structure, building, or vehicle described under subsection (a) of this section; or

(2) Cease any activity prohibited under this section.

NOTES:

CASES & EXAMPLES:

Similar Law in Other Jurisdictions

Virginia: Virginia Code 46.2-888: Stopping on highways; removing motor vehicle from roadway

§ 21-1114. Using roadway before opened; walking on new or newly repaired roadways; damaging highway or construction materials

(a) Using roadway before opened to traffic prohibited. — A person may not drive on any new roadway or newly repaired roadway before it is opened to traffic.

(b) Walking on new or newly repaired roadways. — A person may not walk on any new roadway or newly repaired roadway before the roadway is opened to traffic.

(c) Damaging highway prohibited. — A person may not willfully injure or damage any highway, including a highway under construction.

(d) Injury or damage to highway construction materials. — A person may not willfully injure or damage any work, material, or structure used in connection with the construction of a highway.

NOTES:

CASES & EXAMPLES:

§ 21-1115. Moving or removing lights or guards on highways prohibited

(a) Moving lights or guards. — A person may not move any light or guard placed for the purpose of closing any part of a highway to traffic.

(b) Removing lights or guards. — A person may not remove any light or guard placed for the purpose of closing any part of a highway to traffic.

(c) Altering position of lights or guards. — A person may not alter the position of any light or guard placed for the purpose of closing any part of a highway to traffic.

NOTES:

CASES & EXAMPLES:

§ 21-1116. Race or speed contest prohibited

(a) In general. — Except as provided in § 21-1211 of this title, on any highway or on any private property that is used by the public in general, a person may not drive a vehicle in a race or speed contest, whether or not on a wager or for a prize or reward.

(b) Timekeeper or flagman. — Except as provided in § 21-1211 of this title, a person may not participate as a timekeeper or flagman in any race or speed contest specified in subsection (a) of this section.

(c) Penalties for violation of section. — A person convicted of a violation of subsection (a) of this section that results in serious bodily injury to another person, as defined in § 20-102(c) of this article, is subject to imprisonment not exceeding 1 year or a fine not exceeding $ 1,000 or both.

NOTES:

CASES & EXAMPLES:

Similar Law in Other Jurisdictions

Arizona: 28-708: Racing on highways; classification; exception; definitions
Virginia: Virginia Code 46.2-865: Racing; penalty

§ 21-1117. Skidding, spinning of wheels, and excessive noise prohibited

(a) Scope of section. —

(1) This section applies throughout this State, whether on or off a highway.

(2) For purposes of this section, any noise level above that adopted by the Administrator under § 22-601 of this article is excessive.

(b) Skidding. — A person may not drive a motor vehicle in any improper manner intended to cause skidding.

(c) Spinning of wheels. — A person may not drive a motor vehicle in any improper manner intended to cause spinning of wheels.

(d) Causing excessive noise. — A person may not drive a motor vehicle in any improper manner intended to cause excessive noise.

NOTES:

CASES & EXAMPLES:

§ 21-1118. School bus regulations

(a) Operation of school bus. — The driver of a school bus:

(1) Is responsible for its operation; and

(2) May not drive it into any roadway without first stopping and determining that there is no danger from any other vehicle.

(b) Responsibility for pupils. — The person responsible for any pupils on a school bus is:

(1) The teacher on the bus; or

(2) If a teacher is not present, the driver.

(c) Conduct of pupils. — A person responsible for pupils on a school bus may not permit the number of standing pupils to exceed one pupil for each part of the aisle that is bounded on both sides by forward facing seats.

(d) Permitting pupils to stand on certain buses. — A person responsible for pupils on a school bus may not permit any pupil to stand if the school bus is equipped only with lengthwise or a combination of lengthwise and forward facing seats.

(e) Permitting pupils to stand in front of stanchion and guardrail. — A person responsible for pupils on a school bus may not permit any pupil to stand in front of the stanchion and guardrail.

(f) Permitting pupils to operate front door opening mechanism. — A person responsible for pupils on a school bus may not permit any pupil to operate the front door opening mechanism, except in an emergency.

(g) Requiring pupils to sit on floor. — A person responsible for pupils on a school bus may not require any pupil to sit on the floor.

(h) Fueling bus. — Except for the driver and any fuel station attendant, a person may not occupy a school bus while it is being supplied with fuel.

(i) Transportation of handicapped children. — Either the driver or an adult aide assigned to each school vehicle that is used to transport handicapped children shall be certified as having successfully completed a first aid-safety course approved by the Department of Education.

NOTES:

CASES & EXAMPLES:

Similar Law in Other Jurisdictions

New York: Section 1229-B: Operation of school, camp and charter omnibuses with passengers standing prohibited

§ 21-1119. Snow emergency routes

(a) “Snow tires” defined. — In this section, “snow tires” means those tires that are in a good state of repair and that:

(1) Are normally designated by their manufacturer as snow tires;

(2) Are approved by the Administrator as meeting the standards of effectiveness required of normally designated snow tires; or

(3) Have antiskid patterns cut into the treaded surfaces to form bars, buttons, or blocks specially designed to give effective traction on snow or ice-covered highways.

(b) Designation of snow emergency routes. — Subject to the prior approval of the governing body of the county affected, the State Highway Administration may designate, as it considers appropriate, any State highway, as defined in § 8-101 of this article, as a “snow emergency route”. When a highway is so designated, appropriate signs indicating this designation shall be placed along the highway.

(c) Declaration of snow emergency. — The Secretary of State Police or the Secretary’s representative may declare a snow emergency for all snow emergency routes as a whole or for any one or more snow emergency routes, as the Secretary or the Secretary’s representative considers necessary. The snow emergency shall continue in effect until the Secretary or the Secretary’s representative declares it to be no longer necessary.

(d) Travel on snow emergency routes. — A person may not drive or attempt to drive a motor vehicle, other than a motorcycle, on any highway that is designated and appropriately signposted as a snow emergency route and for which a snow emergency has been declared and is in effect, unless the vehicle is equipped with chains or snow tires on at least one wheel at each end of a driving axle.

(e) Parking on snow emergency routes. — A person may not park a vehicle on any highway that is designated and appropriately signposted as a snow emergency route and for which a snow emergency has been declared and is in effect. The Department of State Police or the police of any political subdivision of this State may have any vehicle parked in violation of this subsection towed from the highway.

NOTES:

CASES & EXAMPLES:

§ 21-1120. Wearing earphones, headsets, etc., prohibited

(a) Earplugs. — A person may not drive a motor vehicle on any highway or on any private property that is used by the public in general in this State while the person is wearing over or in both ears earplugs.

(b) Headsets. — A person may not drive a motor vehicle on any highway or on any private property that is used by the public in general in this State while the person is wearing over or in both ears a headset.

(c) Earphones. — A person may not drive a motor vehicle on any highway or on any private property that is used by the public in general in this State while the person is wearing over or in both ears earphones attached to a radio, tape player, or other audio device.

(d) Exceptions. — The provisions of subsections (a), (b), and (c) of this section do not apply to:

(1) A person engaged in the operation of either special construction equipment or equipment for use in the maintenance of any highway;

(2) A person engaged in the operation of refuse collection equipment who is wearing a safety headset or safety earplugs;

(3) A person wearing personal hearing protectors in the form of custom earplugs or molds that are designed to reduce injurious noise levels. However, custom plugs or molds shall be designed in such a manner as to not inhibit the wearer’s ability to hear a siren or horn from an emergency vehicle or a horn from another vehicle; or

(4) A person wearing a prosthetic device used to aid the hard of hearing.

(e) Exception for emergency vehicles under emergency conditions. —

(1) The provisions of subsections (a) and (c) of this section do not apply to a person operating an authorized emergency vehicle under emergency conditions.

(2) The provisions of subsection (b) of this section do not apply to a person operating an authorized emergency vehicle:

(i) Under emergency conditions; or

(ii) Who is wearing a headset for the purpose of communicating with other emergency personnel.

NOTES:

CASES & EXAMPLES:

Similar Law in Other Jurisdictions

Pennsylvania: § 3314: Prohibiting use of hearing impairment devices
Virginia: Virginia Code 46.2-1078: Unlawful to operate motor vehicle, bicycle, electric personal assistive mobility device, electric power-assisted bicycle, or moped while using earphones

§ 21-1121. Children in rear of pickup trucks

(a) Applicability of section. — This section applies only to a Class E (truck) vehicle registered or of a type capable of being registered in this State as a Class E (truck) vehicle with a manufacturer’s rated capacity of 3/4 ton or less, the gross vehicle weight of which does not exceed 7,000 pounds.

(b) Exceptions; construction of sentence. —

(1) Subject to paragraph (2) of this subsection, this section does not apply to:

(i) A vehicle traveling at a speed of not more than 25 miles per hour; or

(ii) The transportation of:

1. An employee to or from a work site by the employer of the employee; or

2. An individual in a vehicle engaged in farming operations.

(2) This subsection may not be construed as to eliminate applicable child safety seat and seat belt requirements under §§ 22-412.2 and 22-412.3 of this article.

(c) Prohibited acts. — An individual may not drive a Class E (truck) vehicle on a highway in the State while a passenger under the age of 16 years is riding in an unenclosed bed of the vehicle.

NOTES:

CASES & EXAMPLES:

Similar Law in Other Jurisdictions

Virginia: Virginia Code 46.2-1156.1: Transportation of persons less than sixteen years old in pickup truck beds prohibited; exception
Wisconsin: 346.922: Transporting children in cargo areas of motor trucks

§ 21-1122. Noise limitations on use of sound amplification systems

(a) “Sound amplification system” defined. — In this section, “sound amplification system” means a compact disc player, a radio, a tape player, or a similar device.

(b) Applicability of section. — This section does not apply to:

(1) Authorized emergency vehicles;

(2) Vehicles operated by communications, electric, gas, or water utilities;

(3) A sound amplification system operated to request assistance or to warn of a hazardous situation; or

(4) Unless otherwise prohibited by local law, a sound amplification system used for advertising, parades, or for political or other special events.

(c) Prohibited acts. — When a motor vehicle is being operated on a highway, the driver of the vehicle may not operate or permit the operation of a sound amplification system from the vehicle that can be heard outside the vehicle from 50 or more feet.

(d) Violation not considered moving violation. — A violation of this section is not considered a moving violation for purposes of § 16-402 of this article.

NOTES:

CASES & EXAMPLES:

Similar Law in Other Jurisdictions

California: Vehicle Code, Division 12. Equipment of Vehicles, Chapter 5. Other Equipment, Article 1. Horns, Sirens and Amplification Devices, 27007
Illinois: 625 ILCS 5/12-611

§ 21-1123. Prohibition against transporting minors as passengers by a minor holding provisional driver’s license

(a) In general. —

(1) The provisions of this subsection do not apply if the holder of the provisional driver’s license is driving while accompanied by and under the immediate supervision of an individual who:

(i) Is at least 21 years old;

(ii) Has been licensed for at least 3 years in this State or in another state to drive vehicles of the class then being driven by the holder of the provisional driver’s license; and

(iii) Is seated beside the holder of the provisional driver’s license.

(2) Except as provided in paragraph (3) of this subsection, a holder of a provisional driver’s license who is under the age of 18 years may not drive a motor vehicle with a passenger under the age of 18 years.

(3) The prohibition under paragraph (2) of this subsection:

(i) Shall be in effect from the date the provisional license is originally issued until the 151st day after the provisional license was issued; and

(ii) Does not apply to a passenger who is:

1. A spouse, daughter, son, stepdaughter, stepson, sister, brother, stepsister, or stepbrother of the licensee; or

2. A relative of the licensee who resides at the same address as the licensee.

(b) Enforcement. — A police officer may enforce this section only as a secondary action when the police officer detains a driver for a suspected violation of another provision of the Code.

(c) Moving violation. — A violation of this section is a moving violation for the purposes of § 16-402 of this article.

(d) Suspension or revocation of driver’s license. —

(1) If the Administration receives satisfactory evidence that an individual has violated this section, the Administration may suspend or revoke the individual’s driver’s license.

(2) An individual may request a hearing as provided for a suspension or revocation under Title 16, Subtitle 2 of this article.

NOTES:

CASES & EXAMPLES:

Similar Law in Other Jurisdictions

Massachusetts: Massachusetts General Laws, Part I, Title XIV, Chapter 90, Section 8: Operator’s licenses; applications; examinations
New York: Section 501-B(c): Additional Additional restrictions on certain learners’ permits and drivers’ licenses

§ 21-1124. Prohibition against use of wireless communication device while driving by minor holding learner’s permit or provisional license

(a) Definitions. —

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

(2) “9-1-1 system” has the meaning stated in § 1-301 of the Public Safety Article.

(3) “Wireless communication device” means a handheld or hands-free device used to access a wireless telephone service.

(b) Applicability of section. — This section does not apply to the use of a wireless communication device:

(1) To contact a 9-1-1 system; or

(2) As a text messaging device as defined in § 21-1124.1 of this subtitle.

(c) Prohibition. — An individual who is under the age of 18 years may not use a wireless communication device while operating a motor vehicle.

(d) Suspension of license. —

(1) If the Administration receives satisfactory evidence that an individual has violated this section, the Administration:

(i) May suspend the individual’s driver’s license for not more than 90 days; and

(ii) May issue a restricted license for the period of suspension that is limited to driving a motor vehicle:

1. In the course of the individual’s employment;

2. For the purpose of driving to or from a place of employment; or

3. For the purpose of driving to or from school.

(2) An individual may request a hearing as provided for a suspension or revocation under Title 12, Subtitle 2 of this article.

NOTES:

CASES & EXAMPLES:

Similar Law in Other Jurisdictions

South Dakota: 32-12-12: Restricted minor’s permit–Restrictions on operation
Washington: RCW 46.20.075(4): Intermediate license

§ 21-1124.1. Text messaging prohibited

(a) Definitions. —

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

(2) “9-1-1 system” has the meaning stated in § 1-301 of the Public Safety Article.

(3) “Text messaging device” means a handheld device used to send a text message or an electronic message via a short message service, wireless telephone service, or electronic communication network.

(b) In general. — Subject to subsection (c) of this section, an individual may not use a text messaging device to write, send, or read a text message or an electronic message while operating a motor vehicle in the travel portion of the roadway.

(c) Exceptions. — This section does not apply to the use of:

(1) A global positioning system; or

(2) A text messaging device to contact a 9-1-1 system.

(d) Sanctions. —

(1) If the Administration receives satisfactory evidence that an individual who is under the age of 18 years has violated this section, the Administration:

(i) May suspend the individual’s driver’s license for not more than 90 days; and

(ii) May issue a restricted license for the period of suspension that is limited to driving a motor vehicle:

1. In the course of the individual’s employment;

2. For the purpose of driving to or from a place of employment; or

3. For the purpose of driving to or from school.

(2) An individual may request a hearing as provided for a suspension or revocation under Title 12, Subtitle 2 of this article.

NOTES:

CASES & EXAMPLES:

Similar Law in Other Jurisdictions

Michigan: 257.602b: Reading, typing, or sending text message on wireless 2-way communication device prohibited; use of hand-held mobile telephone prohibited; exceptions; “use a hand-held mobile telephone” defined; violation as civil infraction; fine; local ordinances superseded
Pennsylvania: § 3316: Prohibiting text-based communications

§ 21-1124.2. Communications Traffic Safety Act

(a) Definitions. —

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

(2) “Handheld telephone” means a handheld device used to access wireless telephone service.

(3) “9-1-1 system” has the meaning stated in § 1-301 of the Public Safety Article.

(b) Exceptions to applicability of section. — This section does not apply to:

(1) Emergency use of a handheld telephone, including calls to:

(i) A 9-1-1 system;

(ii) A hospital;

(iii) An ambulance service provider;

(iv) A fire department;

(v) A law enforcement agency; or

(vi) A first aid squad;

(2) Use of a handheld telephone by the following individuals when acting within the scope of official duty:

(i) Law enforcement personnel; and

(ii) Emergency personnel;

(3) Use of a handheld telephone as a text messaging device as defined in § 21-1124.1 of this subtitle; and

(4) Use of a handheld telephone as a communication device utilizing push-to-talk technology by an individual operating a commercial motor vehicle, as defined in 49 C.F.R. Part 390.5 of the Federal Motor Carrier Safety Regulations.

(c) Persons prohibited from use of handheld telephone while driving. — The following individuals may not use a handheld telephone while operating a motor vehicle:

(1) A driver of a Class H (school) vehicle that is carrying passengers and in motion; and

(2) A holder of a learner’s instructional permit or a provisional driver’s license who is 18 years of age or older.

(d) Prohibited use of handheld telephone while vehicle is in motion. —

(1) This subsection does not apply to an individual specified in subsection (c) of this section.

(2) A driver of a motor vehicle that is in motion may not use the driver’s hands to use a handheld telephone other than to initiate or terminate a wireless telephone call or to turn on or turn off the handheld telephone.

(e) Penalties. —

(1) A person convicted of a violation of this section is subject to the following penalties:

(i) For a first offense, a fine of not more than $ 75;

(ii) For a second offense, a fine of not more than $ 125; and

(iii) For a third or subsequent offense, a fine of not more than $ 175.

(2) Points may not be assessed against the individual under § 16-402 of this article unless the offense contributes to an accident.

(f) Penalties — Waiver. — The court may waive a penalty under subsection (e) of this section for a person who:

(1) Is convicted of a first offense under this section; and

(2) Provides proof that the person has acquired a hands-free accessory, an attachment or add-on, a built-in feature, or an addition for the person’s handheld telephone that will allow the person to operate a motor vehicle in accordance with this section.

NOTES:

CASES & EXAMPLES:

Similar Law in Other Jurisdictions

Illinois: 625 ILCS 5/12-610.2: Electronic communication devices
New York: Section 1225-D: Use of portable electronic devices

§ 21-1124.3. Violation of § 21-1124.1 or § 21-1124.2 or this section that causes accident resulting in death or serious bodily injury prohibited.

(a) Violation of § 21-1124.1 or § 21-1124.2. — A person may not commit a violation of § 21-1124.1 or § 21-1124.2 of this subtitle that causes an accident that directly results in the death or, as defined in § 20-102(c) of this article, serious bodily injury of another person.

(b) Violation of this section. — A person convicted of a violation of this section is subject to imprisonment not exceeding 1 year or a fine not exceeding $ 5,000 or both.

(c) Concurrent sentence. — A sentence imposed under this section shall be separate from and concurrent with any other sentence imposed for any crime based wholly or partly on the act establishing the violation of this section.

NOTES:

CASES & EXAMPLES:

Similar Law in Other Jurisdictions

Illinois: 625 ILCS 5/12-610.2(b-5): Electronic communication devices
Iowa
- 321.276: Use of electronic communication device while driving
- 321.482A: Violations resulting in injury or death — additional penalties

§ 21-1125. Limitations on driving low speed vehicles

Notwithstanding any other provision of this title, a person may not drive a low speed vehicle:

(1) On a highway for which the posted maximum speed limit exceeds 30 miles per hour;

(2) On an expressway or another controlled access highway that is signed in accordance with § 21-313 of this title;

(3) On a highway on which driving a low speed vehicle is prohibited by a county or municipal ordinance; or

(4) Across a highway for which the posted maximum speed limit exceeds 45 miles per hour, except at an intersection that is controlled by:

(i) A traffic control signal; or

(ii) A stop sign at each approach to the intersection.

NOTES:

CASES & EXAMPLES:

Similar Law in Other Jurisdictions

Louisiana: RS 32:300.1: Low-speed vehicles; safety equipment requirements; exemptions; registration; safety inspections
Virginia: Virginia Code 46.2-908.3: Low-speed vehicles; operation on highways; license required; registration required; safety and emissions inspections not required

§ 21-1126. Recording illegal activity.

(a) “Violation” defined. — In this section, “violation” means:

(1) A violation of the Maryland Vehicle Law that is punishable by a sentence of imprisonment; or

(2) A violation of § 21-901.1(a) of this title.

(b) Prohibited activities. — A person may not commit or engage another person to commit a violation for the purpose of filming, videotaping, photographing, or otherwise recording the violation unless the person obtains written permission for the commission of the violation from:

(1) The Secretary of State Police, or the Secretary’s designee; or

(2) The chief executive officer of the governing body of the county in which the violation is to occur, or the chief executive officer’s designee.

(c) Penalties for violation of section. — A person convicted of a violation of this section is subject to imprisonment not exceeding 1 year or a fine not exceeding $ 1,000 or both.

NOTES:

CASES & EXAMPLES:

§ 21-1127. Operation of limousine of certain size.

(a) Operation by individual without for-hire license prohibited. — An individual may not operate for hire a limousine designed to carry 15 or fewer individuals, including the driver, unless the individual holds a valid for-hire driver’s license issued by the Public Service Commission.

(b) Permitting another to operate without for-hire license prohibited; exceptions. — A person may not allow an individual to operate for hire a limousine designed to carry 15 or fewer individuals, including the driver, unless:

(1) The individual operating the limousine holds a valid for-hire driver’s license issued by the Public Service Commission; and

(2) The limousine displays special limousine vehicle registration plates issued under § 13-939 of this article.

(c) Penalties for violation of section. — A person convicted of a violation of this section is subject to imprisonment not exceeding 1 year or a fine not exceeding $ 1,000 or both.

NOTES:

CASES & EXAMPLES:

§ 21-1128. Dispensing of motor fuel into dirt bike

(a) Definitions. —

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

(2)

(i) “Dirt bike” means any motorcycle or similar vehicle that is not required to be registered under Title 13 of this article.

(ii) “Dirt bike” includes:

1. A motorized minibike, as defined in § 11-134.4 of this article; and

2. An all-terrain vehicle with either 3 or 4 wheels.

(iii) “Dirt bike” does not include:

1. A moped, as defined in § 11-134.1 of this article; or

2. A motor scooter, as defined in § 11-134.5 of this article.

(3) “Service station” means a place of business where motor fuel is sold and delivered into the fuel supply tanks of motor vehicles.

(b) Applicability of section. —

(1) This section applies only in Baltimore City.

(2) This section does not apply to an owner or employee of a service station who is subject to the provisions of the Baltimore City Code prohibiting the selling, transferring, or dispensing of motor fuel for delivery into a dirt bike.

(c) Prohibition. — A person may not dispense motor fuel into a dirt bike from a retail pump at a service station.

(d) Penalties for violation of section; minors. —

(1) A person convicted of a violation of this section is subject to imprisonment not exceeding 90 days or a fine not exceeding $ 1,000 or both.

(2) (i) Subject to subparagraph (ii) of this paragraph and notwithstanding any other law, if a minor is the defendant or child respondent in a proceeding under this section, the court may order that a fine imposed under this subsection be paid by:

1. The minor;

2. A parent or guardian of the minor; or

3. Both the minor and a parent or guardian of the minor.

(ii)

1. A court may not order a parent or guardian of a minor to pay a fine under this paragraph unless the parent or guardian has been given a reasonable opportunity to be heard and to present evidence.

2. A hearing under this subparagraph may be held as part of the sentencing or disposition hearing.

(e) Notification of conviction to Administration, penalty, hearing. —

(1) If a person is convicted of a violation of this section, the court shall notify the Administration of the conviction.

(2) Subject to the provisions of paragraph (3) of this subsection, on receipt of the notice described under paragraph (1) of this subsection the Administration:

(i) For a first violation, may suspend the person’s driver’s license for up to 30 days; and

(ii) For a second or subsequent violation, shall suspend the person’s driver’s license for 30 days.

(3) Subject to the provisions of Title 12, Subtitle 2 of this article, a licensee may request a hearing on a suspension under this section.

NOTES:

CASES & EXAMPLES:

§ 21-1129. Driving while video and electronic display equipment are on

A person may not drive a motor vehicle on a highway if the motor vehicle is equipped with television-type receiving equipment or video display equipment, as defined under § 22-414.1 of this article, that is turned on and displaying an image visible to the driver.

NOTES:

CASES & EXAMPLES:

Similar Law in Other Jurisdictions

California: Vehicle Code, Division 12. Equipment of Vehicles, Chapter 5. Other Equipment, Article 5. Fenders, Ornaments and Television, 27602
Virginia: Virginia Code 46.2-1077: Motor vehicles not to be equipped with television within view of driver; viewing motion pictures or similar displays while driving

§ 21-1130. Requirements for operation of all-terrain vehicle or snowmobile on public property.

An individual under the age of 16 years may not operate an all-terrain vehicle or a snowmobile on public property unless the individual is accompanied by an adult who holds a valid driver’s license.

NOTES:

CASES & EXAMPLES:

Similar Law in Other Jurisdictions

Pennsylvania: § 7725: Operation by persons under age sixteen
Rhode Island: § 31-3.2-9. Crossing of highways by youthful operators – Prohibitions

§ 21-1131. Causing diesel emissions to discharge onto another prohibited; exceptions.

(a) In general. — Except as provided in subsection (b) of this section, a person may not knowingly or intentionally cause a diesel-powered motor vehicle to discharge clearly visible smoke, soot, or other exhaust emissions onto another person or motor vehicle.

(b) Exceptions. — This section does not apply to a person operating:

(1) A diesel-powered vehicle that discharges visible exhaust as the result of normal acceleration or towing;

(2) A commercial vehicle with a gross weight of 10,000 pounds or more; or

(3) A construction vehicle operating at a construction site.

NOTES:

CASES & EXAMPLES:

Similar Law in Other Jurisdictions

Indiana: IC 9-19-8-5: Excessive fumes or smoke
Maine: §2113: Visible emissions

§ 21-1132. Exhibition driving in special event zone prohibited — Application to Worcester County — Penalty

(a)

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

(2) “Exhibition driving” means:

(i) The operation of a motor vehicle in a manner that results in:

1. The excessive, abrupt acceleration or deceleration of the motor vehicle;

2. The skidding, squealing, burning, or smoking of the tires of the motor vehicle;

3. The swerving or swaying of the motor vehicle from side to side while skidding;

4. The engine of the motor vehicle producing an unreasonably loud, raucous, or disturbing noise;

5. The grinding of the gears of the motor vehicle or the backfiring of the engine of the motor vehicle; or

6. Any of the wheels of the motor vehicle losing contact with the ground; or

(ii) The transportation of a passenger on or in an area of a motor vehicle that is not designed or intended for passenger transport such as the hood or roof.

(3) “Special event” means any automotive or motor vehicle event occurring on or in close proximity to a highway that:

(i) Has been permitted or approved by a unit of local government; or

(ii) Is expected to have 1,000 or more individuals in attendance, regardless of whether the event has been permitted or approved by a unit of local government.

(4)

(i) “Special event zone” means an area on or along a highway that is marked by appropriate warning signs or other traffic control devices designating the area as a special event zone ,indicating that a special event is in progress, and stating that a person who violates this section is subject to arrest.

(ii) “Special event zone” includes a parking structure, a parking lot, a street, or any other property, private or public, immediately adjacent to the marked area on or along the marked area.

(b) This section applies only in Worcester County.

(c) (1) The State Highway Administration may, on its own initiative or at the request of a local authority:

(i) Designate an area on a State highway as a special event zone; and

(ii) Reduce established speed limits in the special event zone after a determination that the change is necessary to ensure public safety.

(2) A local authority may:

(i) Designate an area on a highway under its jurisdiction as a special event zone; and

(ii) Reduce established speed limits in the special event zone after a determination that the change is necessary to ensure public safety.

(3) A speed limit established under this subsection shall become effective when posted.

(d) A person may not engage in exhibition driving within a special event zone.

(e) A person may not commit any of the following violations within a special event zone:

(1) Driving a motor vehicle at a speed exceeding the posted speed limit;

(2) Negligent driving under § 21-901.1(b) of this title;

(3) Driving a motor vehicle in a race or speed contest under § 21-1116(a) of this title that does not result in serious bodily injury to another person, as defined in § 20-102(c) of this article;

(4) Participating in a race or speed contest under § 21-1116(b) of this title; or

(5) Skidding, spinning of wheels, or causing excessive noise under § 21-1117 of this title.

(f)

(1) A person convicted of a violation of subsection (d) of this section is subject to imprisonment not exceeding 60 days or a fine not exceeding $ 1,000 or both.

(2) A person convicted of a violation of subsection (e) of this section is subject to a fine not exceeding $ 1,000.