ROBERT L. EHRLICH, JR., Governor                             Ch. 218

(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

2.       Provides the name, address, and driver's license
identification number of the person who was operating the vehicle at the time of the
violation.

(5)     (i) If the District Court finds that the person named in the citation
was not operating the vehicle at the time of the violation or receives evidence under
paragraph (4)(ii)2 of this subsection identifying the person driving the vehicle at the
time of the violation, the clerk of the court shall provide to the agency issuing the
citation a copy of any evidence substantiating who was operating the vehicle at the
time of the violation.

(ii) Upon the receipt of substantiating evidence from the District
Court under subparagraph (i) of this paragraph, an agency may issue a citation as
provided in subsection [(d)] (F) (E) of this section to the person that the evidence
indicates was operating the vehicle at the time of the violation.

(iii) A citation issued under subparagraph (ii) of this paragraph
shall be mailed no later than 2 weeks after receipt of the evidence from the District
Court.

[(g)](I) (H) If the civil penalty is not paid and the violation is not contested,
the Administration may refuse to register or reregister or may suspend the
registration of the motor vehicle.

[(h)](J) (I) A violation for which a civil penalty is imposed under this
section:

(1)     Is not a moving violation for the purpose of assessing points under §
16-402 of this article and may not be recorded by the Administration on the driving
record of the owner or driver of the vehicle;

(2)     May be treated as a parking violation for purposes of § 26-305 of this
article; and

(3)     May not be considered in the provision of motor vehicle insurance
coverage.

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