PARRIS N. GLENDENING, Governor Ch. 497
27-102.
[Any] EXCEPT AS PROVIDED IN § 21-1207.1 OF THIS ARTICLE, ANY person who
violates a restriction imposed on any license under the Maryland Vehicle Law or who
violates any rule or regulation adopted under any provision of the Maryland Vehicle Law
is guilty of a misdemeanor and, in addition to any administrative penalty provided for in
the Maryland Vehicle Law, is subject to the penalties provided for in § 27-101 (b) of this
subtitle or, if greater, to the same penalties as are provided for a violation of the statute
for or under which the restriction is imposed or the rule or regulation adopted.
(C) (1) A PERSON CONVICTED OF A VIOLATION OF THIS SECTION IS
SUBJECT TO:
(I) FOR A FIRST OFFENSE, A FINE OF UP TO $25 PLUS COURT
COSTS; AND
(II) FOR A SECOND OR SUBSEQUENT OFFENSE, A FINE OF UP TO $50
PLUS COURT COSTS.
(2) A COURT MAY WAIVE A FINE ASSESSED FOR A VIOLATION OF THIS
SECTION IF;
(I) THE VIOLATION IS THE OFFENDER'S FIRST VIOLATION OF THIS
SECTION; AND
(II) THE PERSON CONVICTED OF THE VIOLATION SUPPLIES THE.
COURT WITH PROOF THAT BETWEEN THE DATE OF THE VIOLATION AND THE
APPEARANCE DATE FOR THE VIOLATION THE PERSON PURCHASED A HELMET THAT
MEETS THE STANDARDS SPECIFIED IN SUBSECTION (B) OF THIS SECTION.
(D) (1) THE CLERK OF THE COURT SHALL DISTRIBUTE ANY FINES
COLLECTED UNDER THIS SECTION TO THE GOVERNING BODY OF THE COUNTY
WHERE THE VIOLATION OCCURRED TO BE USED BY THE GOVERNING BODY FOR
BICYCLE RELATED PURPOSES INCLUDING THE FUNDING OF BICYCLE SAFETY
EDUCATION PROGRAMS.
(2) THE GOVERNING BODY OF A COUNTY RECEIVING FUNDS UNDER
PARAGRAPH (1) OF THIS SUBSECTION SHALL CONSULT WITH THE BICYCLE
ADVISORY COMMITTEE ESTABLISHED UNDER § 21-1213 OF THIS SUBTITLE
REGARDING APPROPRIATE USES OF THE FUNDS.
(E) THE FAILURE OF A PERSON TO USE A BICYCLE HELMET AS REQUIRED
UNDER THIS SECTION MAY NOT:
(1) BE CONSIDERED EVIDENCE OF NEGLIGENCE;
(2) BE CONSIDERED EVIDENCE OF CONTRIBUTORY NEGLIGENCE;
(3) LIMIT LIABILITY OF A PARTY OR AN INSURER; OR
(4) DIMINISH RECOVERY FOR DAMAGES ARISING OUT OF THE
OWNERSHIP, MAINTENANCE, OR OPERATION OF A VEHICLE.
- 2859 -
|