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1077
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MARVIN MANDEL, Governor
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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
VEHICULAR CROSSINGS.
REVISOR'S NOTE: This section is new language derived
without substantive change from Art. 66 1/2,
§11-1411(b).
21-1403. RULES AND REGULATIONS FOR USER SAFETY.
TO PROMOTE SAFETY FOR USERS OF VEHICULAR CROSSINGS,
THE MARYLAND TRANSPORTATION AUTHORITY MAY:
(1) ADOPT RULES AND REGULATIONS GOVERNING TRAFFIC
USING THE VEHICULAR CROSSINGS; AND
(2) PROVIDE PENALTIES OF NOT MORE THAN $100 FOR
EACH VIOLATION OF ANY PROVISION OF THESE RULES AND
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REVISOR'S NOTE: This section is new language derived
from former Art. 89B, §120B, previously
decodified and now appearing in Section 3 of
Ch. 608, Acts of 1976.
It is revised and placed here to provide a
uniform placement and treatment of all traffic
regulations relating to vehicular crossings.
See, also, Title 4 of this article.
The Commission notes that this section is
limited to rules and regulations promoting
"safety for users"; shouldn't it equally
permit rules and regulations for the general
preservation of property, as in §21-1411 of
this subtitle?
As to item (2) of this section, this
delegation of authority to provide for
penalties of up to $100, in the absence of
legislative standards, may well be an invalid
delegation of legislative powers and otherwise
violative of due process of law requirements.
See, County Council v. Investors Funding, 270
Md. 403, 441-443 (1973); discussed, 35 Md. L.
Rev. 414, 449 et seq. (1976). The General
Assembly might consider establishing a
statutory penalty of up to $100 for violations
or, alternatively, defer to the standard
penalties of Title 27 of this article which,
under §27—102 of this article, apply to
violations of rules and regulations as well.
21-1404. TRAFFIC TO COMPLY WITH SIGNS, ORDERS, ETC.
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