PARRIS N. GLENDENING, Governor

Ch. 175

CHAPTER 175
(Senate Bill 430)

AN ACT concerning

Vehicle Laws - Use of Headlamps

FOR the purpose of requiring the driver of a vehicle to light the vehicle's headlamps,
parking lights, or fog lights when the vehicle's windshield wipers are being operated
under certain conditions; specifying that a violation of this Act is not a moving
violation for certain purposes; providing that if a person is convicted of violating this
Act the conviction may not be considered evidence of negligence or contributory
negligence, limit liability of a party or insurer, or diminish recovery for damages
arising out of the ownership, maintenance, or operation of a motor vehicle;
establishing a certain penalty; permitting the enforcement of this Act only as a
secondary violation; and generally relating to a requirement that headlamps,
parking lights, or fog lights be lighted at certain times.

BY adding to

Article - Transportation

Section 22-201.2

Annotated Code of Maryland

(1992 Replacement Volume and 1996 Supplement)

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That the Laws of Maryland read as follows:

Article - Transportation

22-201.2.

(A) NOTWITHSTANDING ANY OTHER PROVISION OF THIS SUBTITLE, IF A
DRIVER OF A VEHICLE ON A HIGHWAY OPERATES THE VEHICLE'S WINDSHIELD
WIPERS FOR A CONTINUOUS PERIOD OF TIME BECAUSE OF IMPAIRED VISIBILITY
RESULTING FROM UNFAVORABLE ATMOSPHERIC CONDITIONS, THE DRIVER SHALL
LIGHT THE VEHICLE'S HEADLAMPS, PARKING LIGHTS, OR FOG LIGHTS.

(B) A VIOLATION OF THIS SECTION IS NOT CONSIDERED A MOVING
VIOLATION FOR PURPOSES OF § 16-402 OF THIS ARTICLE.

(C) (1) IF A PERSON IS CONVICTED UNDER THIS SECTION, THE CONVICTION
MAY NOT:

(I) BE CONSIDERED EVIDENCE OF NEGLIGENCE;

(II) BE CONSIDERED EVIDENCE OF CONTRIBUTORY NEGLIGENCE;

(III) LIMIT LIABILITY OF A PARTY OR AN INSURER; OR

(IV) DIMINISH RECOVERY FOR DAMAGES ARISING OUT OF THE
OWNERSHIP, MAINTENANCE, OR OPERATION OF A MOTOR VEHICLE.

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