Ch. 570                                        1994 LAWS OF MARYLAND

1.        CONTIGUOUS TO AN ACCESS AREA WITH RESPECT TO AN
AUTOMATED TELLER MACHINE;                                  

2.        REGULARLY, PRINCIPALLY, AND LAWFULLY USED FOR
PARKING BY USERS OF THE AUTOMATED TELLER MACHINE WHILE CONDUCTING
AUTOMATED TELLER MACHINE TRANSACTIONS DURING THE HOURS OF DARKNESS;
AND

3.        OWNED OR CONTROLLED BY THE OPERATOR OF THE
AUTOMATED TELLER MACHINE OR BY THE PARTY LEASING THE AUTOMATED
TELLER MACHINE SITE TO THE OPERATOR.

(II)     "DEFINED PARKING AREA" INCLUDES ONLY THE SINGLE
PARKING LEVEL OF A MULTIPLE LEVEL PARKING AREA DEEMED BY THE OPERATOR
OF THE AUTOMATED TELLER MACHINE TO BE THE MOST DIRECTLY ACCESSIBLE TO
USERS OF THE AUTOMATED TELLER MACHINE IF THE PARKING AREA OTHERWISE
SATISFIES THE CONDITIONS CONTAINED IN ITEM (I) OF THIS PARAGRAPH.

(III)    "DEFINED PARKING AREA" DOES .NOT INCLUDE A PARKING
AREA WHICH:

1.        IS NOT REGULARLY USED FOR PARKING BY USERS OF
THE AUTOMATED TELLER MACHINE WHO ARE CONDUCTING AUTOMATED TELLER
MACHINE TRANSACTIONS DURING THE HOURS OF DARKNESS; OR

2.        IS PHYSICALLY CLOSED TO ACCESS OR IS MARKED BY
CONSPICUOUS SIGNS INDICATING THAT IT IS CLOSED.

(9)      "FINANCIAL INSTITUTION" HAS THE MEANING STATED IN § 1-101 OF
THIS TITLE.

(10)    "HOURS OF DARKNESS" MEANS THE PERIOD THAT BEGINS 30
MINUTES AFTER SUNSET AND ENDS 30 MINUTES BEFORE SUNRISE.

(11)    "OPERATOR" MEANS A FINANCIAL INSTITUTION OR OTHER PERSON
THAT OPERATES AN AUTOMATED TELLER MACHINE.

(B) (1) (I) THIS SECTION DOES NOT APPLY TO ANY PERSON:

1.        WHOSE PRIMARY FUNCTION IS TO PROVIDE FOR THE
EXCHANGE, TRANSFER, OR DISSEMINATION OF ELECTRONIC FUND TRANSFER
DATA; AND

2.        THAT IS NOT OTHERWISE AN OPERATOR OR PERSON
WHO CONTROLS AN ACCESS AREA OR DESIGNATED PARKING AREA.

(II) A PERSON DESCRIBED IN ITEM (I) OF THIS PARAGRAPH SHALL
HAVE NO LIABILITY TO A CUSTOMER. OR USER OF AN AUTOMATED TELLER
MACHINE FOR ANY CLAIM RELATING TO:

1. ANY PROVISION OF THIS SECTION; OR

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