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973
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MARVIN MANDEL, Governor
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In revising this title, the Commission to Revise the
Annotated Code deleted present Art. 66 1/2, §8-201. That
section, which deals with "financial responsibility" for
taxicabs and "commercial motor vehicles for hire", is
obsolete and its provisions adequately covered either by
Title 17 of this article or Art. 78 of the Code, the
Public Service Commission Law. Ch. 73, Acts of 1972,
which repealed the former "Financial Responsibility and
Unsatisfied Claim and Judgment Fund" law and enacted a
new "Required Security" law in its place, apparently
overlooked this section because of its placement in
another subtitle of present Art. 66 1/2.
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TITLE 19- VEHICLE LAWS—CIVIL LIABILITY OF GOVERNMENTAL
AGENCIES.
19-101. LIABILITY FOR NEGLIGENCE OF POLICE OFFICER.
(A) LIABILITY FOR DAMAGES AND INJURIES.
IF ANY POLICE OFFICER OF THIS STATE OR ANY POLITICAL
SUBDIVISION OF THIS STATE, WHILE OTHERWISE ACTING WITHIN
THE SCOPE OF HIS AUTHORITY IN ENFORCING ANY LAW, DIRECTS
THE DRIVER OF ANY MOTOR VEHICLE, OTHER THAN A POLICE
VEHICLE, TO ASSIST HIM IN ENFORCING THAT LAW OR IN
APPREHENDING ANY PERSON SUSPECTED OF VIOLATING OR KNOWN
TO HAVE VIOLATED THAT LAW, THIS STATE OR THE POLITICAL
SUBDIVISION, AS THE CASE MAY BE, IS LIABLE FOR THE
DAMAGES OR INJURIES PROXIMATELY CAUSED BY THE NEGLIGENCE
OF THE POLICE OFFICER.
(B) DEFENSES AVAILABLE TO STATE OR POLITICAL
SUBDIVISION.
THIS STATE OR A POLITICAL SUBDIVISION OF THIS STATE
MAY USE THE DEFENSES DEFENSE OF CONTRIBUTORY NEGLIGENCE
AND ASSERT THE DOCTRINE OF LAST CLEAR CHANCE IN AN ACTION
BROUGHT OR DEFENSE RAISED UNDER THIS SECTION.
REVISOR'S NOTE: This section presently appears as
Art. 66 1/2, §9-102(b).
The second sentence of present Art. 66 1/2,
§9-102(b) is deleted as unnecessary. The
first clause of that sentence states that
" {f}or purposes of this section, the Baltimore
City police shall be considered police
officers of Baltimore City". For purposes of
this section, that statement is superfluous.
See, e.g., City of Baltimore v. Silver, 263
Md. 439 (1973), where the Court of Appeals
held that, under the not dissimilar provisions
of Art. 82 of the Code ("Riots"), the City of
Baltimore was liable for the failure of the
City Police Department to contain the civil
disturbances of 1968; this, notwithstanding
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