§ 21-1402. Application of other provisions to vehicular crossings
§ 21-1403. Rules and regulations for user safety
§ 21-1404. Traffic to comply with signs, orders, etc
§ 21-1405. Pedestrians and bicycles prohibited
§ 21-1406. Hitchhiking and pickup or discharge of passengers prohibited
§ 21-1407. Stopping, standing, or parking prohibited; exceptions
§ 21-1409. Compliance with posted minimum speeds
§ 21-1410. Size, weight, and load of vehicles
§ 21-1411. Transportation of hazardous materials
§ 21-1412. Special provisions for tunnels
§ 21-1413. Failure or refusal to pay toll
§ 21-1414. Failure to pay electronic or video toll [Amendment subject to abrogation]
§ 21-1415. Reciprocal enforcement of toll violations between jurisdictions
§ 21-1416. Reporting of transponder theft and unauthorized charges on E-ZPass account
§ 21-1401. Definitions
(a) In general. — In this subtitle the following words have the meanings indicated.
(b) Approach. — “Approach” means any roadway, overhead structure, ramp, bridge, causeway, entrance, and exit provided as a means of access to or departure from an Authority highway.
(c) Authority highway. — “Authority highway” means:
(1) Each highway, tunnel, and bridge within the jurisdiction of the Maryland Transportation Authority; and
(2) Each approach to these highways, tunnels, and bridges.
(d) Bridge. — “Bridge” means any bridge within the jurisdiction of the Maryland Transportation Authority.
(e) Tunnel. — “Tunnel” means:
(1) The Baltimore Harbor Tunnel; and
(2) Any other tunnel within the jurisdiction of the Maryland Transportation Authority.
§ 21-1402. Application of other provisions to vehicular crossings
Unless specifically modified or changed by this subtitle, each provision of the Maryland Vehicle Law applicable to motor vehicles on highways applies on all Authority highways.
§ 21-1403. Rules and regulations for user safety
To promote safety for users of Authority highways, the Maryland Transportation Authority may adopt rules and regulations governing traffic using the Authority highways.
§ 21-1404. Traffic to comply with signs, orders, etc
(a) Signs. — Traffic using any Authority highway shall obey any lawful sign.
(b) Orders of authorized employees. — Traffic using any Authority highway shall obey any lawful order of any authorized employee of the Authority highway.
(c) Signals of authorized employees. — Traffic using any Authority highway shall obey any lawful signal of any authorized employee of the Authority highway.
(d) Lawful directions by voice, sign, or hand. — Traffic using any Authority highway shall obey any lawful direction by voice, sign, or hand of any authorized employee of the Authority highway.
§ 21-1405. Pedestrians and bicycles prohibited
(a) Pedestrians. — Unless authorized by the Chairman of the Maryland Transportation Authority, pedestrians may not use any Authority highway.’
(b) Bicycles. — Unless authorized by the Chairman of the Maryland Transportation Authority, bicycles may not use any Authority highway.
§ 21-1406. Hitchhiking and pickup or discharge of passengers prohibited
A person may not hitchhike on any Authority highway and a motorist may not pick up or discharge any person on any Authority highway.
§ 21-1407. Stopping, standing, or parking prohibited; exceptions
(a) May not park. — The driver of a vehicle may not stop, stand, or park the vehicle on any Authority highway, except:
(1) If necessary to avoid injury or damage to any person or property;
(2) In compliance with the lawful direction of an authorized employee of the Authority highway;
(3) At a designated area for the transaction of business at an Administration building; or
(4) If the vehicle is disabled or involved in an accident, in which case the vehicle shall be moved, if possible:
(i) To the shoulder of the roadway;
(ii) Adjacent to the emergency walkway on a bridge; or
(iii) As otherwise directed by a patrol officer.
(b) Unattended vehicles. — Notwithstanding § 25-201(b) of this article, the Maryland Transportation Authority may adopt regulations governing the removal of vehicles left unattended for 12 or more hours on any Authority highway.
§ 21-1408. Prohibited turns
(a) Making turns in areas where turns prohibited by signs. — Except at the lawful direction of an authorized employee of the Authority highway, a vehicular turn may not be made in any area where turns are prohibited by signs.
(b) Making turns at crossovers for emergency vehicles. — Except at the lawful direction of an authorized employee of the Authority highway, a vehicular turn may not be made at crossovers provided for emergency vehicles.
§ 21-1409. Compliance with posted minimum speeds
If an Authority highway has a posted minimum speed, that minimum speed shall be maintained.
§ 21-1410. Size, weight, and load of vehicles
A vehicle may not be driven on any Authority highway if the vehicle or its load exceeds the maximum weight, width, or height permitted by the regulations of the Maryland Transportation Authority for that Authority highway.
§ 21-1411. Transportation of hazardous materials
(a) Prohibited. — Except as allowed by the rules and regulations of the Maryland Transportation Authority and to the extent allowed by federal law, a person may not transport or knowingly cause to be transported any of the following hazardous materials across or through any Authority highway:
(1) Combustible liquids;
(2) Compressed gases;
(3) Corrosive liquids;
(4) Explosives;
(5) Flammable liquids;
(6) Flammable solids;
(7) Oxidizing materials;
(8) Poisonous articles; or
(9) Radioactive materials.
(b) Permitted hazardous materials. — The provisions of § 22-409 of this article shall apply to the transportation of any permitted hazardous material across or through any Authority highway.
(c) Purpose of section. — To secure and preserve life and property, the Maryland Transportation Authority may adopt rules and regulations to carry out the provisions of subsection (a) of this section.
(d) Penalties for violation of section. — A person convicted of a violation of this section is subject to:
(1) For a first offense, imprisonment not exceeding 6 months or a fine not exceeding $ 1,000 or both; and
(2) For a second or subsequent offense, imprisonment not exceeding 1 year or a fine not exceeding $ 2,000 or both.
§ 21-1412. Special provisions for tunnels
(a) Crossing traffic lanes prohibited. — Except at the direction of authorized personnel, vehicular traffic may not cross the double white lines that designate the vehicular traffic lanes in a tunnel.
(b) Trucks and slow moving vehicles to stay in right lane. — Except at the direction of authorized personnel, trucks and slow moving vehicles may be driven only in the right lane of a tunnel.
(c) Sounding horns or flashing headlights prohibited. — The driver of a vehicle may not sound his horn or flash his headlights in a tunnel.
(d) Muffler cutouts prohibited. — While in a tunnel, a person may not use any cutout or other device that allows exhaust gases to escape a motor without passing through a muffler or silencer.
§ 21-1413. Failure or refusal to pay toll
(a) Failure or refusal to pay toll. — A person may not fail or refuse to pay the prescribed toll at any Authority highway for which the payment of a toll is fixed.
(b) Attempting to evade payment. — A person may not attempt to evade the payment of the toll at any Authority highway for which the payment of a toll is fixed.
§ 21-1414. Failure to pay electronic or video toll [Amendment subject to abrogation]
(a) Definitions. —
(1) In this section the following words have the meanings indicated.
(2) “Authority” means the Maryland Transportation Authority.
(3) “Electronic toll collection” means a system in a toll collection facility that is capable of collecting information from a motor vehicle for use in charging tolls.
(4) “Notice of toll due” or “notice” means an administrative notice of a video toll transaction.
(5) “Person alleged to be liable” means:
(i) The registered owner of a motor vehicle involved in a video toll transaction; or
(ii) A person to whom a registered owner of a motor vehicle has transferred liability for a video toll transaction in accordance with this section and the regulations of the Authority.
(6) “Recorded image” means an image of a motor vehicle passing through a toll collection facility recorded by a video monitoring system:
(i) On:
1. One or more photographs, micrographs, or electronic images;
2. Videotape; or
3. Any other medium; and
(ii) Showing either the front or rear of the motor vehicle on at least one image or portion of tape and clearly identifying the license plate number and state of the motor vehicle.
(7) “Registered owner” means, with respect to a motor vehicle, the person or persons designated as the registered owner in the records of the government agency that is responsible for motor vehicle registration.
(8) “Toll collection facility” means any point on an Authority highway where a toll is incurred and is required to be paid.
(9) “Toll violation” means the failure to pay a video toll within the time prescribed by the Authority in a notice of toll due.
(10) “Video monitoring system” means a device installed to work in conjunction with a toll collection facility that produces a recorded image when a video toll transaction occurs.
(11) “Video toll” means the amount assessed by the Authority when a video toll transaction occurs.
(12) “Video toll transaction” means any transaction in which a motor vehicle does not or did not pay a toll at the time of passage through a toll collection facility with a video monitoring system.
(b) Liability; civil penalty. —
(1) Except as provided in subsection (g) of this section, the registered owner of a motor vehicle shall be liable to the Authority for payment of a video toll as provided for in the regulations of the Authority.
(2) The Authority shall send the registered owner of a motor vehicle that has incurred a video toll a notice of toll due.
(3) Except as provided in subsection (g) of this section, the person alleged to be liable who receives a notice of toll due shall have at least 30 days to pay the video toll.
(c) Certificate of violation and nonpayment as evidence. —
(1) Failure of the person alleged to be liable to pay the video toll under a notice of toll due by the date stated on the notice shall constitute a toll violation subject to a civil citation and a civil penalty, which shall be assessed 15 days after the toll violation occurs, as provided for in the regulations of the Authority.
(2) A registered owner of a motor vehicle shall not be liable for a civil penalty imposed under this section if the operator of the motor vehicle has been convicted of failure or refusal to pay a toll under § 21-1413 of this subtitle for the same violation.
(d) Notice of liability; subsequent proceedings. —
(1) The Authority or its duly authorized agent shall send a citation via first-class mail, no later than 60 days after the toll violation, to the person alleged to be liable under this section.
(2) Personal service of the citation on the person alleged to be liable shall not be required, and a record of mailing kept in the ordinary course of business shall be admissible evidence of the mailing of the notice of toll due and citation.
(3) A citation shall contain:
(i) The name and address of the person alleged to be liable under this section;
(ii) The license plate number and state of registration of the motor vehicle involved in the video toll transaction;
(iii) The location where the video toll transaction took place;
(iv) The date and time of the video toll transaction;
(v) The amount of the video toll and the date it was due as stated on the notice of toll due;
(vi) A copy of the recorded image;
(vii) A statement that the video toll was not paid before the civil penalty was assessed;
(viii) The amount of the civil penalty; and
(ix) The date by which the video toll and civil penalty must be paid.
(4) A citation shall also include:
(i) Information advising the person alleged to be liable under this section of the manner and the time in which liability alleged in the citation may be contested;
(ii) The statutory defenses described in subsection (g) of this section that were originally included in the notice of toll due; and
(iii) A warning that failure to pay the video toll and civil penalty, to contest liability in the manner and time prescribed, or to appear at a trial requested is an admission of liability and a waiver of available defenses, and may result in the refusal or suspension of the motor vehicle registration and referral for collection.
(5) A person alleged to be liable receiving the citation for a toll violation under this section may:
(i) Pay the video toll and the civil penalty directly to the Authority; or
(ii) Elect to stand trial for the alleged violation.
(6) (i) If the person alleged to be liable under this section fails to elect to stand trial or to pay the prescribed video toll and civil penalty within 30 days after mailing of the citation, or is adjudicated to be liable after trial, or fails to appear at trial after having elected to stand trial, the Authority or its duly authorized agent may:
1. Collect the video toll and the civil penalty by any means of collection as provided by law; and
2. Notify the Administration of the failure to pay the video toll and civil penalty in accordance with subsection (i) of this section.
(ii) No additional hearing or proceeding is required before the Administration takes action with respect to the motor vehicle of the registered owner under subsection (i) of this section.
(e) Certificate of violation and nonpayment as evidence. —
(1) A certificate alleging that a toll violation occurred and that the video toll payment was not received before the civil penalty was assessed, sworn to or affirmed by a duly authorized agent of the Authority, based upon inspection of a recorded image and electronic toll collection records produced by an electronic toll collection video monitoring system shall be evidence of the facts contained therein and shall be admissible in any proceeding alleging a violation under this section without the presence or testimony of the duly authorized agent who performed the requirements under this section.
(2) The citation, including the certificate, shall constitute prima facie evidence of liability for the toll violation and civil penalty.
(f) Certificate of violation and nonpayment as evidence. — Adjudication of liability under this section:
(1) Shall be based upon a preponderance of evidence;
(2) May not be deemed a conviction of a registered owner of a motor vehicle under the Motor Vehicle Code;
(3) May not be made part of the registered owner’s motor vehicle operating record; and
(4) May not be considered in the provision of motor vehicle insurance coverage.
(g) When owner not liable. —
(1) If, at the time of a video toll transaction, a motor vehicle is operated by a person other than the registered owner without the express or implied consent of the registered owner, and if the registered owner by the date stated on the notice of toll due provides the Authority or its duly authorized agent with a notarized admission by the person accepting liability which shall include that person’s name, address, and driver’s license identification number, then the person accepting liability shall be liable under this section and shall be sent a notice of toll due.
(2) If the registered owner is a lessor of motor vehicles, and at the time of the video toll transaction the motor vehicle involved was in the possession of a lessee, and the lessor by the date stated on the notice of toll due provides the Authority or its duly authorized agent with a copy of the lease agreement or other documentation acceptable to the Authority identifying the lessee, including the person’s name, address, and driver’s license identification number or federal employer identification number, then the lessee shall be liable under this section and shall be sent a notice of toll due.
(3) If the motor vehicle involved in a video toll transaction is operated using a dealer or transporter registration plate, and at the time of the video toll transaction the motor vehicle was under the custody and control of a person other than the owner of the dealer or transporter registration plate, and if the owner of the dealer or transporter registration plate by the date stated on the notice of toll due provides to the Authority or its duly authorized agent a copy of the contractual agreement or other documentation acceptable to the Authority identifying the person, including the person’s name, address, and driver’s license identification number, who had custody and control over the motor vehicle at the time of the video toll transaction, then that person and not the owner of the dealer or transporter registration plate shall be liable under this section and shall be sent a notice of toll due.
(4) If a motor vehicle or registration plate number is reported to a law enforcement agency as stolen at the time of the video toll transaction, and the registered owner by the date stated on the notice of toll due provides to the Authority or its duly authorized agent a copy of the police report substantiating that the motor vehicle was stolen at the time of the video toll transaction, then the registered owner of the motor vehicle is not liable under this section.
(h) Delinquent accounts — Referral to or recalling from Central Collection unit; power to waive payment. —
(1) The Authority may refer a delinquent account for unpaid video tolls and associated civil penalties to the Central Collection Unit for collection.
(2) The Authority may recall a delinquent account from the Central Collection Unit if:
(i) The delinquent account exceeds $ 300 in unpaid video tolls and associated civil penalties;
(ii) The video tolls in question were assessed within a 30-day period; and
(iii) Mitigating factors exist with respect to the assessment of the unpaid video tolls and associated civil penalties, as determined by the Authority.
(3) Notwithstanding any other provision of law, until the Authority refers the debt to the Central Collection Unit or after the Authority has recalled a delinquent account from the Central Collection Unit, the Authority may waive any portion of the video toll due or civil penalty assessed under this section.
(i) Refusal or suspension of registration for violations; regulations; enforcement of reciprocal agreements. —
(1) The Administration shall refuse or suspend the registration of a motor vehicle that incurs a toll violation under this section if:
(i) The Maryland Transportation Authority notifies the Administration that a registered owner of the motor vehicle has been served with a citation in accordance with this section and has failed to:
1. Pay the video toll and the civil penalty for the toll violation by the date specified in the citation; and
2. Contest liability for the toll violation by the date identified and in the manner specified in the citation; or
(ii) The Maryland Transportation Authority or the District Court notifies the Administration that a person who elected to contest liability for a toll violation under this section has failed to:
1. Appear for trial or has been determined to be guilty of the toll violation; and
2. Pay the video toll and civil penalty.
(2) In conjunction with the Maryland Transportation Authority, the Administration may adopt regulations and develop procedures to carry out the refusal or suspension of a registration under this subsection.
(3) The procedures in this subsection are in addition to any other penalty provided by law for a toll violation under this section.
(4) This subsection may be applied to enforce a reciprocal agreement entered into by the State and another jurisdiction in accordance with § 21-1415 of this subtitle.
§ 21-1415. Reciprocal enforcement of toll violations between jurisdictions
(a) In general. — The Maryland Transportation Authority in consultation with the Administrator may enter into an agreement with another jurisdiction that provides for reciprocal enforcement of toll violations between the State and the other jurisdiction.
(b) Provision for drivers to have benefits, privileges, and exemptions in other jurisdiction. — An agreement made under this section shall provide that drivers and vehicles licensed in the State, while operating on the highways of another jurisdiction, shall receive benefits, privileges, and exemptions of a similar kind with regard to toll enforcement as are extended to drivers and vehicles licensed or registered in the other jurisdiction while operated in the State.
(c) Refusal or suspension of registration. — A reciprocal agreement under this section may provide for enforcement of toll violations by refusal or suspension of the registration of a motor vehicle in accordance with § 21-1414 of this subtitle.
§ 21-1416. Reporting of transponder theft and unauthorized charges on E-ZPass account
(a) Definitions. —
(1) In this section the following words have the meanings indicated.
(2) “Authority” means the Maryland Transportation Authority.
(3) “E-ZPass account” means a financial relationship between the Authority and a person who agrees to abide by the terms and conditions established for the electronic collection of tolls.
(4) “Transponder” means a device that is designed to transmit information used to collect tolls and is associated with a particular account.
(b) In general. — A holder of an E-ZPass account may:
(1) Report a theft of a transponder associated with the E-ZPass account to a local law enforcement agency and the Authority within 2 weeks of the first account statement after the theft; and
(2) Identify any unauthorized charges to the holder’s E-ZPass account and report the unauthorized charges to the Authority for verification.
(c) Holder of E-ZPass account not responsible for unauthorized toll charges. — A holder of an E-ZPass account who reports the theft of a transponder in accordance with this section is not responsible for unauthorized toll charges:
(1) If the Authority:
(i) Identifies the individual who unlawfully used the transponder; and
(ii) Collects the proper toll charges from the individual; or
(2) Incurred after the date the theft was reported to the Authority.