The law requires:
1.
MD General Assembly |
The legislature had been clear that the placing of school bus monitoring cameras was to be done by law enforcement agencies, not county boards of education.
2.
Bus camera citations in Montgomery County are mailed out by the vendor, not by a law enforcement agency.
3.
Car owners who receive a citation under the MCPS program are directed to make their payment to a website: alertbus.com
That website is owned by Force Multiplier Solutions and is used by their customers to pay school bus camera citations. It is not a site controled by Montgomery County. Fine money from various jurisdictions goes to that website.
Note that 100% of the fine money from MCPS bus cameras goes to the vendor. $0 goes to the County or MCPS even though both agencies must hire additional staff to process these citations. The original intent of the authorizing legislation was that revenue from bus camera fines could be used to fund safety education campaigns. That is not happening in Montgomery County because the County does not get one penny from these fines.
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Here is the full text of the current Maryland law:
§ 21-706.1. Report of violations witnessed by school bus operators
West's Annotated Code of MarylandTransportationEffective: June 1, 2019
Effective: June 1, 2019
MD Code, Transportation, § 21-706.1
§ 21-706.1. Report of violations witnessed by school bus operators
(b)(1)(i) If a school bus operator witnesses a violation, the operator may promptly report the violation to a law enforcement agency exercising jurisdiction where the violation occurred.
(c)(1) A school bus monitoring camera may not be used in a local jurisdiction under this section unless its use is authorized by the governing body of the local jurisdiction by local law enacted after reasonable notice and a public hearing.
(d) A recorded image by a school bus monitoring camera under this section indicating that the driver of a motor vehicle has committed a violation shall include:
(e)(1) Unless the driver of the motor vehicle received a citation from a police officer at the time of the violation, the owner or, in accordance with subsection (h)(5) of this section, the driver of a motor vehicle is subject to a civil penalty if the motor vehicle is recorded by a school bus monitoring camera during the commission of a violation.
(f)(1) Subject to the provisions of paragraphs (2) through (5) of this subsection, a law enforcement agency shall mail to the owner liable under subsection (e) of this section a citation that shall include:
(3)(i) Before mailing a citation to a motor vehicle rental company liable under subsection (e) of this section, a law enforcement agency shall mail a notice to the motor vehicle rental company stating that a citation will be mailed to the motor vehicle rental company unless, within 45 days of receiving the notice, the motor vehicle rental company provides the law enforcement agency with:
(g)(1) A certificate alleging that a violation occurred, sworn to or affirmed by a duly authorized agent of a law enforcement agency, based on inspection of recorded images produced by a school bus monitoring camera shall be evidence of the facts contained in the certificate and shall be admissible in any proceeding concerning the alleged violation.
(h)(1) The District Court may consider in defense of a violation:
(2) In order to demonstrate that the motor vehicle or the registration plates were stolen before the violation occurred and were not under the control or possession of the owner at the time of the violation, the owner must submit proof that a police report about the stolen motor vehicle or registration plates was filed in a timely manner.
(3) To satisfy the evidentiary burden under paragraph (1)(ii) of this subsection, the person named in the citation shall provide to the District Court evidence to the satisfaction of the District Court of who was operating the vehicle at the time of the violation, including, at a minimum, the operator's name and current address.
(4)(i) The provisions of this paragraph apply only to a citation that involves a Class E (truck) vehicle with a registered gross weight of 26,001 pounds or more, Class F (tractor) vehicle, Class G (trailer) vehicle operated in combination with a Class F (tractor) vehicle, and Class P (passenger bus) vehicle.
(ii) To satisfy the evidentiary burden under paragraph (1)(ii) of this subsection, the person named in a citation described under subparagraph (i) of this paragraph may provide to the District Court a letter, sworn to or affirmed by the person and mailed by certified mail, return receipt requested, that:
(5)(i) If the District Court finds that the person named in the citation was not operating the vehicle at the time of the violation or receives evidence under paragraph (4)(ii)2 of this subsection identifying the person driving the vehicle at the time of the violation, the clerk of the court shall provide to the law enforcement agency issuing the citation a copy of any evidence substantiating who was operating the vehicle at the time of the violation.
(ii) On the receipt of substantiating evidence from the District Court under subparagraph (i) of this paragraph, the law enforcement agency may issue a citation as provided in subsection (f) of this section to the person that the evidence indicates was operating the vehicle at the time of the violation.
(i) If the civil penalty is not paid and the violation is not contested, the Administration may refuse to register or reregister or may suspend the registration of the motor vehicle.
(j) A violation for which a civil penalty is imposed under this section:
(k) In consultation with law enforcement agencies, the Chief Judge of the District Court shall adopt procedures for the issuance of citations, trials for violations, and the collection of civil penalties imposed under this section.
Credits
Added by Acts 1988, c. 199. Amended by Acts 2011, c. 273, § 1, eff. Oct. 1, 2011; Acts 2012, c. 124, § 1, eff. July 1, 2012; Acts 2017, c. 683, § 1, eff. Oct. 1, 2017; Acts 2017, c. 744, § 1, eff. July 1, 2017; Acts 2019, c. 429, § 1, eff. June 1, 2019.
"A civil penalty under this subsection may not exceed $500."
ReplyDeleteIsn't that the cost of one ticket?