Ch. 218

2003 LAWS OF MARYLAND

(i) Pay the civil penalty, in accordance with instructions on the
citation; directly to. the political subdivision or to the District Court; or

(ii) Elect to stand trial for the alleged violation.

[(e)] (G) (F) (1) A certificate alleging that the violation of § 21-202(h) of
this article occurred, sworn to or affirmed by a duly authorized agent of the agency,
based on inspection of recorded images produced by a traffic control signal monitoring
system shall be evidence of the facts contained therein and shall be admissible in any
proceeding alleging a violation under this section.

(2) Adjudication of liability shall be based on a preponderance of
evidence.

[(f)] (H) (G) (1) The District Court may consider in defense of a violation:

(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, at a minimum, the operator's name and current address.

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