Ch. 315

1997 LAWS OF MARYLAND

(I) THAT THE DRIVER OF THE VEHICLE PASSED THROUGH THE
INTERSECTION IN VIOLATION OF § 21-202(H) OF THIS SUBTITLE:

1. IN ORDER TO YIELD THE RIGHT-OF-WAY TO AN EMERGENCY

VEHICLE: OR

2. AS PART OF A FUNERAL PROCESSION IN ACCORDANCE WITH
§ 21-207 OF THIS SUBTITLE

(II) SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION, THAT THE
MOTOR VEHICLE OR REGISTRATION PLATES OF THE MOTOR VEHICLE WERE STOLEN
BEFORE THE VIOLATION OCCURRED AND WERE NOT UNDER THE CONTROL OR
POSSESSION OF THE OWNER AT THE TIME OF THE VIOLATION:

(III) THAT UNDER § 21-201 OF THIS SUBTITLE THIS SECTION IS
UNENFORCEABLE AGAINST THE OWNER BECAUSE AT THE TIME AND PLACE OF THE
ALLEGED VIOLATION THE TRAFFIC CONTROL SIGNAL WAS NOT IN PROPER POSITION
AND LEGIBLE ENOUGH TO BE SEEN BY AN ORDINARILY OBSERVANT INDIVIDUAL;

(IV) SUBJECT TO PARAGRAPH (3) OF THIS SUBSECTION. EVIDENCE
THAT THE PERSON NAMED IN THE CITATION WAS NOT OPERATING THE VEHICLE AT THE
TIME OF THE VIOLATION; AND

(V) ANY OTHER ISSUES AND EVIDENCE THAT THE DISTRICT COURT
DEEMS PERTINENT.

(2) IN ORDER TO DEMONSTRATE THAT THE MOTOR VEHICLE OR THE
REGISTRATION PLATES WERE STOLEN BEFORE THE VIOLATION OCCURRED AND WERE
NOT UNDER THE CONTROL OR POSSESSION OF THE OWNER AT THE TIME OF THE
VIOLATION. THE OWNER MUST SUBMIT PROOF THAT A POLICE REPORT ABOUT THE
STOLEN MOTOR VEHICLE OR REGISTRATION PLATES WAS FILED IN A TIMELY MANNER

(3) TO SATISFY THE EVIDENTIARY BURDEN UNDER PARAGRAPH (1)(IV) OF
THIS SUBSECTION THE PERSON NAMED IN THE CITATION SHALL PROVIDE TO THE
DISTRICT COURT EVIDENCE TO THE SATISFACTION OF THE COURT OF WHO WAS
OPERATING THE VEHICLE AT THE TIME OF THE VIOLATION INCLUDING ATA MINIMUM.
THE OPERATORS NAME AND CURRENT ADDRESS.

(4) (I) THE PROVISIONS OF THIS PARAGRAPH APPLY ONLY TO A
CITATION THAT INVOLVES A CLASS E (TRUCK) VEHICLE WITH A REGISTERED GROSS
WEIGHT OF 26,001 POUNDS OR MORE. CLASS F (TRACTOR) VEHICLE. CLASS G (TRAILER)
VEHICLE OPERATED IN COMBINATION WITH A CLASS F (TRACTOR) VEHICLE AND CLASS
P (PASSENGER BUS) VEHICLE.

(II) TO SATISFY THE EVIDENTIARY BURDEN UNDER PARAGRAPH
(1)(IV) OF THIS SUBSECTION. THE PERSON NAMED IN A CITATION DESCRIBED UNDER
SUBPARAGRAPH (I) OF THIS PARAGRAPH MAY PROVIDE TO THE DISTRICT COURT A
LETTER. SWORN TO OR AFFIRMED BY THE PERSON AND MAILED BY CERTIFIED MAIL
RETURN RECEIPT REQUESTED. THAT:

1. STATES THAT THE PERSON NAMED IN THE CITATION WAS
NOT OPERATING THE VEHICLE AT THE TIME OF THE VIOLATION; AND

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