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H.B. 443 VETOES
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SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect
October 1, 2005.
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May 20, 2005
The Honorable Michael E. Busch
Speaker of the House of Delegates
State House
Annapolis, MD 21401
Dear Mr. Speaker:
In accordance with Article II, Section 17 of the Maryland Constitution, today I have
vetoed House Bill 443 - Montgomery County - Vehicle Laws - Speed Monitoring
Systems.
Bill Summary
House Bill 443 allows in Montgomery County the use of speed cameras in residential
areas where the maximum speed limit is 35 miles per hour and in school zones. The
owners of motor vehicles detected traveling in excess of 10 miles per hour in these
areas are subject to a civil penalty. The civil penalty may not exceed $40 and for
purposes of the citation the amount will be prescribed by the District Court. An owner
can contest a citation by proving: (1) the motor vehicle was stolen, provided a police
report of the theft was filed; (2) that another was operating the motor vehicle, if the
owner provides the name, address, and if possible the driver's license number of the
operator as well as other corroborating evidence; and (3) any other issues and
introducing any other evidence that the District Court deems pertinent. A violation
may not be considered a moving violation for purposes of establishing points, may not
be recorded on the driving record of the owner, may be considered a parking violation
for purposes of refusing to register a vehicle or suspending a vehicle's registration for
an unpaid citation, and may not be considered for purposes of motor vehicle insurance
coverage.
Veto of House Bill 455 of 2003
In 2003,1 vetoed Senate Bill 455 - Vehicle Laws - Speed Monitoring Systems - Radar
Cameras. Senate Bill 455 would have allowed statewide the use of radar cameras that
House Bill 443 seeks to allow for Montgomery County only. For many of the reasons I
vetoed Senate Bill 455 of 2003, I find House Bill 443 to be equally objectionable for
Montgomery County.
Trial by Camera
House Bill 443 will allow the State to charge, try, and convict an individual solely
through the use of a photograph of a vehicle. This bill takes what has traditionally
been a violation of the criminal law, redefines the violation to be a civil offense, lowers
the burden of proof to the civil standard, and abridges the right to confront the
witnesses against the accused. Further, the procedure that puts the onus on the
owner to request the presence of the technician who set up the speed-monitoring
device is entirely inadequate.
- 4086 -
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