Md. Code, Transportation § 12-101
There is a Motor Vehicle Administration in the Department.
Md. Code, Transportation, Title 12
Md. Code, Transportation, Title 12
in effectMd. Code, Transportation § 12-102
(a) The head of the Administration is the Motor Vehicle Administrator, who shall be appointed by the Secretary with the approval of the Governor.
(b) (1) The Administrator serves at the pleasure of the Secretary and shall report directly to him.
(2) Subject to the authority of the Secretary, the Administrator is responsible for carrying out:
(i) The powers and duties vested by law in the Administration; and
(ii) Those powers and duties vested in the Secretary and delegated to the Administrator by the Secretary.
(c) The Administrator is entitled to the salary provided in the State budget.
(d) (1) With the approval of the Secretary, the Administrator shall appoint a chief deputy administrator who has the duties provided by law or delegated by the Administrator.
(2) The chief deputy administrator is the acting administrator during periods when the Administrator is absent or disabled.
(3) The chief deputy administrator serves at the pleasure of the Administrator and is entitled to the salary provided in the State budget.
Md. Code, Transportation § 12-103
(a) The exercise of the powers and duties of the Administration is subject to the authority of the Secretary.
(b) By regulation or directive, the Secretary may require that the exercise of any power or duty of the Administration be subject to the prior approval of the Secretary.
Md. Code, Transportation § 12-104
(a) In addition to the specific powers granted and duties imposed by this title, the Administration has the powers and duties set forth in this section.
(b) The Administration may adopt rules and regulations to carry out:
(1) Those provisions of the Maryland Vehicle Law that relate to or are administered and enforced by the Administration; and
(2) The provisions of any other law that the Administration is authorized to administer and enforce.
(c) (1) The Administration shall maintain as many offices in this State as the Administrator considers necessary to carry out the powers and duties of the Administration.
(2) Each office shall be open on the days and during the hours that the Secretary determines are needed to serve the public.
(d) (1) With the approval of the Secretary, the Administration shall employ the deputies, subordinate officers, clerks, investigators, and other employees necessary to carry out the powers and duties of the Administration.
(2) Except as otherwise provided by law, and subject to § 2-103.4 of this article, each deputy, officer, and employee of the Administration:
(i) Is in the State Personnel Management System; and
(ii) Is entitled to the salary provided in the pay plan established under Title 8, Subtitle 1 of the State Personnel and Pensions Article.
(e) The Administration may delegate to the Office of Administrative Hearings the power and authority under the Maryland Vehicle Law to conduct hearings under this article and render final decisions in hearings conducted under this article.
(f) In accordance with § 6–313 of the Courts Article and the Maryland Rules, the Administration shall serve as the agent to receive a subpoena, a summons, or other process for a nonresident driver named as a party in an action brought in a court of this State.
Md. Code, Transportation § 12-104.1
§12–104.1.
(a) The Administrator may designate employees of the Investigative Division of the Administration to exercise the powers specified in subsection (b) of this section.
(b) (1) An employee appointed under this section may issue citations to the same extent as a police officer if authorized by the Administration, for violations of:
(i) The provisions of Title 13 of this article;
(ii) The provisions of Title 17 of this article relating to required security;
(iii) The provisions of Title 14 of this article relating to falsified, altered, or forged documents and plates;
(iv) The provisions of Title 16 of this article relating to unlawful application for a license, vehicle operation during periods of cancellation, revocation, and suspension of a driver’s license, and duplication or reproduction of an identification card or driver’s license;
(v) The provisions of Title 21 of this article relating to special residential parking permits issued by the Administration;
(vi) The provisions of Title 15 of this article;
(vii) The provisions of § 22–415 of this article relating to odometers; and
(viii) The provisions of this title relating to the issuance of an identification card.
(2) The issuance of citations under this section shall comply with the requirements of § 26–201 of this article.
(c) The Administration shall adopt regulations establishing:
(1) Qualifications for employees appointed under this section including prerequisites of character, training, experience, and education; and
(2) Standards for the performance of the duties assigned to employees appointed under this section.
Md. Code, Transportation § 12-105
The Administration shall prepare and provide suitable forms for all applications, certificates of title, registration cards, notices of security interests, drivers’ licenses, and other notices and documents needed to carry out the provisions of the Maryland Vehicle Law and any other law that the Administration is required to administer.
Md. Code, Transportation § 12-106
(a) The Administration shall examine and determine the genuineness, regularity, and legality of each application made to it under the Maryland Vehicle Law.
(b) The Administration shall reject an application:
(1) If it is not satisfied as to the genuineness, regularity, or legality of the application or the truth of any statement it contains; or
(2) For any other reason authorized by law.
Md. Code, Transportation § 12-107
(a) In this section, “lease” means the rental or leasing of a vehicle for a period exceeding 180 days.
(b) The Administration may conduct investigations and inquiries and require additional information concerning:
(1) Any application made to it under the Maryland Vehicle Law; or
(2) Any other matter subject to the jurisdiction of the Administration.
(c) Each person who leases a motor vehicle, trailer, or semitrailer to another person shall keep a record of:
(1) The registration number of the leased vehicle; and
(2) The name and address of the lessee.
(d) Any police officer or authorized representative of the Administration may inspect the records kept under subsection (c) of this section.
Md. Code, Transportation § 12-108
(a) In any matter subject to its jurisdiction, the Administration may subpoena any person or documents and take the testimony of any person, in the same manner and with the same fees and mileage as provided for by law in civil cases.
(b) If any person fails to comply with a lawful order or subpoena issued by the Administration, the Administration may petition a court of competent jurisdiction to compel obedience to the subpoena or order and to compel the production of relevant documents and other evidence.
(c) (1) If the Administration concludes that continuing conduct of a person alleged to be in violation of Title 15 of this article may result in substantial harm to any other person, the Administration may sue for injunctive relief against the conduct.
(2) If the Administration sues for injunctive relief under this subsection against a person who is alleged to have engaged in conduct that requires a license under Title 15 of this article, but who does not have a license, the Administration need not:
(i) Post bond; or
(ii) Show that no adequate remedy at law exists.
(3) A suit under this subsection shall be brought in the circuit court for the county where:
(i) The alleged violation occurs; or
(ii) The principal place of business of the alleged violator is located.
Md. Code, Transportation § 12-109
(a) In administering the Maryland Vehicle Law, the Administrator or any other officer or employee of the Administration designated by the Administrator may administer oaths and take acknowledgments of signatures.
(b) (1) If a person is required to submit any statement or information to the Administration under oath, verification, affirmation, certification, affidavit, or any other similar form, the Administration may require instead that the person sign a certification under penalty of perjury.
(2) A certification required under this section shall be substantially in the following form: “I certify, under penalty of perjury, that the statements made herein are true and correct, to the best of my knowledge, information, and belief.”
Md. Code, Transportation § 12-110
(a) The Administration may take possession of any certificate of title, registration card, permit, license, or registration plate:
(1) That is fictitious;
(2) That is issued by it and that:
(i) Has expired;
(ii) Has been canceled, suspended, or revoked; or
(iii) Was issued unlawfully or erroneously; or
(3) That has been issued by another jurisdiction but is being illegally used or displayed.
(b) (1) The Administration shall establish a fee for the issuance of any certificate of title, registration card, permit, license, or registration plate issued as a replacement for any certificate of title, registration card, permit, license, or registration plate repossessed by the Administration under this section.
(2) The fee is to be retained by the Administration, and may not be credited to the Gasoline and Motor Vehicle Revenue Account for distribution under § 8-403 or § 8-404 of this article.
(3) Any fee imposed under this subsection shall be in addition to any other fee or penalty imposed by the Administration.
Md. Code, Transportation § 12-111
(a) The Administration shall keep a record of each application or other document filed with it and each certificate or other official document that it issues.
(b) (1) Subject to § 4–320 of the General Provisions Article, and except as otherwise provided by law, all records of the Administration are public records and open to public inspection during office hours.
(2) Subject to paragraph (4) of this subsection, the Administrator may classify as confidential and not open to public inspection any record or record entry:
(i) That is over 5 years old; or
(ii) That relates to any happening that occurred over 5 years earlier.
(3) Subject to § 4–320 of the General Provisions Article, a record or record entry of any age shall be open to inspection by authorized representatives of any federal, State, or local governmental agency.
(4) Subject to paragraph (3) of this subsection, the Administrator may not open to public inspection any record or record entry that is:
(i) All or part of a licensed driver’s public driving record; and
(ii) Over 3 years old.
(5) Subject to paragraph (6) of this subsection, the Administration may not permit public inspection of a digital photographic image or signature of an individual, or the actual stored data thereof, recorded by the Administration.
(6) The Administration may make a digital photographic image or signature of an individual, or the actual stored data thereof, recorded by the Administration available to:
(i) The courts;
(ii) Criminal justice agencies;
(iii) Driver license authorities;
(iv) The individual;
(v) The individual’s attorney;
(vi) Third parties designated by the individual; and
(vii) The Child Support Administration.
(c) Except for records required by law to be kept in their original or other specified form, the Administrator may order any record of the Administration to be kept on microfilm or in other microform, and the original destroyed.
(d) Except for records required by law to be kept longer, the Administrator may destroy any record of the Administration that it has kept for 3 years or more and that the Administrator considers obsolete and unnecessary to the work of the Administration.
Md. Code, Transportation § 12-112
(a) Unless the information is classified as confidential under § 12–111 of this subtitle or otherwise as provided by law, and subject to § 4–320 of the General Provisions Article, the Administration may furnish listings of vehicle registration and other public information in its records to those persons who request them, but only if the Administration approves of the purpose for which the information is requested.
(b) The Administration shall charge a fee for any listing furnished under this section. The fee charged may not be less than the cost to this State of preparing that listing. The revenue from the fee shall not be subject to the distribution provisions of Title 8, Subtitle 4 of this article.
(c) A person furnished any information under this section is prohibited from distributing or otherwise using the information for any purpose other than that for which it was furnished.
(d) (1) (i) In this subsection the following terms have the meanings indicated.
(ii) “Personal information” has the meaning indicated in § 4–101(g) of the General Provisions Article.
(iii) “Telephone solicitation” has the meaning indicated in § 4–320(a) of the General Provisions Article.
(2) The Administration may not disclose personal information for inclusion in listings of information for use in surveys, marketing, or solicitations without written consent from the person in interest.
(3) An individual may allow disclosure of personal information under this section when applying for or renewing a driver’s license, certificate of title, registration, or identification card or by notifying the Administrator in writing at any time.
(4) The Administration may not disclose personal information under this section for use in telephone solicitations.
(5) This subsection does not prevent the Administration from furnishing personal information under this section:
(i) To another governmental agency, including the Uninsured Division of the Maryland Automobile Insurance Fund to carry out the Uninsured Division’s functions under Title 20 of the Insurance Article; or
(ii) For another purpose permissible under § 4–320 of the General Provisions Article.
Md. Code, Transportation § 12-112.1
§12–112.1.
(a) (1) On request, but not less than annually, the Administration shall provide to the jury commissioners:
(i) The list of individuals who are at least 18 years old and have been issued a driver’s license by the Administration; and
(ii) The list of individuals who are at least 18 years old and have been issued an identification card by the Administration.
(2) The Administration shall provide the lists described in this subsection without cost to the jury commissioners.
(b) On application by the Attorney General, a circuit court may compel compliance with this section.
Md. Code, Transportation § 12-113
(a) (1) Subject to § 12–111 of this subtitle and § 4–320 of the General Provisions Article, the Administrator or any other officer or employee of the Administration designated by the Administrator may furnish on request a copy or a certified copy of any record of the Administration.
(2) The Administration may establish and charge a fee for each record it furnishes or certifies. The revenue from the fee shall not be subject to the distribution provisions of Title 8, Subtitle 4 of this article.
(3) No charge shall be made to a police agency, fire department, or court in this or any other state or a police agency or court of the United States government.
(4) The fee established and charged under this section may exceed the amounts authorized under § 4–206 of the General Provisions Article.
(b) (1) A certified copy of any record of the Administration or comparable agency of any state is admissible in any judicial proceeding in the same manner as the original of the record.
(2) (i) A computer printout of any driving record or vehicle registration record of the Administration that has been obtained by a law enforcement unit, as defined in § 10–101(f) of the Criminal Procedure Article, or court through a computer terminal tied into the Administration is admissible in any judicial proceeding in the same manner as the original of the record.
(ii) The computer printout of the driving record or vehicle registration record shall contain:
1. The date the record was printed; and
2. A jurisdiction code identifying the site where the record was printed.
(3) If a subpoena is issued to the Administrator or any other official or employee of the Administration for the production in any judicial proceeding of the original or a copy of any book, paper, entry, record, proceeding, or other document of the Administration:
(i) The Administrator or other official or employee of the Administration need not appear personally; and
(ii) Submission of a certified copy or photostat of the requested document is full compliance with the subpoena.
(4) On motion and for good cause shown, the court may compel the attendance of an authorized representative of the Administration to answer the subpoena for the production of documents.
Md. Code, Transportation § 12-113.1
§12–113.1. IN EFFECT
(a) (1) In this section the following words have the meanings indicated.
(2) “Agency” means a State police department, the State Highway Administration, a local police department, or another local agency that implements and operates an automated enforcement program.
(3) “Appropriate traffic enforcement purpose” means the detection, investigation, or analysis of, or assessment or adjudication of liability for, a violation.
(4) “Automated enforcement” means the use of cameras, monitoring devices, and other technology by an agency to capture recorded images of a motor vehicle being operated in violation of a traffic law.
(5) “Facial recognition technology” means a biometric software application that identifies or verifies the identity of an individual by comparing and analyzing patterns based on an individual’s facial contours.
(6) “Law enforcement agency” has the meaning stated in § 3–201 of the Public Safety Article.
(7) “Program” means an automated enforcement program implemented and operated by an agency.
(8) “Recorded image or associated data” means any image or data recorded under a program by electronic or digital means, by photographic means, or by way of any other medium that:
(i) Shows a motor vehicle;
(ii) Clearly identifies the entire registration plate number of the motor vehicle; and
(iii) May constitute evidence of a violation.
(9) “Violation” means a traffic violation that a particular automated enforcement system is intended to capture.
(b) This section applies to:
(1) Traffic control signal monitoring systems under § 21–202.1 of this article;
(2) Automated railroad grade crossing enforcement systems under § 21–704.1 of this article;
(3) School bus monitoring cameras under § 21–706.1 of this article;
(4) Stop sign monitoring systems under § 21–707.1 of this article;
(5) Speed monitoring systems under § 21–809 of this article;
(6) Work zone speed control systems under § 21–810 of this article;
(7) Bus lane monitoring systems under § 21–1134 of this article;
(8) Noise abatement monitoring systems under § 22–612 of this article;
(9) Vehicle height monitoring systems under § 24–111.3 of this article; and
(10) Any other automated traffic enforcement system authorized under State law.
(c) (1) Except as provided in paragraphs (2) and (3) of this subsection, an agency may not access or use a recorded image or associated data without a warrant, subpoena, or court order unless the access or use is for an appropriate traffic enforcement purpose.
(2) (i) Subject to subparagraph (ii) of this paragraph, a law enforcement agency may access and use a recorded image or associated data already retained by the law enforcement agency if:
1. The law enforcement agency documents a request to access and use the recorded image or associated data that articulates a specific legitimate law enforcement purpose for accessing and using the recorded image or associated data; and
2. The custodian of the recorded image or associated data maintains a written record of the request and whether or not the request was granted.
(ii) A law enforcement agency that accesses a recorded image or associated data under this paragraph may use the recorded image or associated data only for the legitimate law enforcement purpose described in the request required by subparagraph (i)1 of this paragraph.
(3) An employee or a contractor of an agency may access and use a recorded image and associated data:
(i) To administer and process citations or to audit or evaluate the accuracy of the automated enforcement system; and
(ii) In a manner consistent with subsection (d) of this section.
(4) An agency that knowingly violates this subsection is subject to a fine not exceeding $1,000 for each violation.
(d) (1) An agency shall immediately remove from its records and destroy any recorded image or associated data captured under a program that does not constitute evidence of a violation.
(2) A recorded image or associated data captured under a program that constitutes evidence of a violation may be retained only until the earlier of:
(i) 1 year following the conclusion of any criminal investigation or the exhaustion of all the avenues of adjudication for the violation; or
(ii) 5 years after the day on which the recorded image or associated data was captured.
(3) Before an agency removes and destroys a recorded image or associated data, the agency may disaggregate the data for analysis purposes in a manner that does not identify any individual or vehicle.
(e) (1) An agency that implements and operates a program shall adopt procedures relating to the operation of the program and the use of automated enforcement systems.
(2) The procedures shall:
(i) Identify the employee classifications in the agency that have authorization to access or use recorded images and associated data produced by an automated enforcement system;
(ii) Establish an audit process to ensure that information obtained through the use of an automated enforcement system is used only for appropriate traffic enforcement purposes as authorized in this section;
(iii) Establish procedures and safeguards to ensure that agency personnel with access to recorded images and associated data are adequately screened and trained;
(iv) Establish procedures and safeguards for the secure storage of the recorded images and associated data before the images and data are removed and destroyed; and
(v) Establish procedures for the removal and destruction of recorded images and associated data.
(f) (1) Recorded images and associated data shall be stored using software that is independent from and inaccessible to other systems and networks.
(2) An automated enforcement system shall be situated and focused in a manner that:
(i) Captures recorded images and associated data of violations; and
(ii) To the maximum extent possible, does not capture identifying images of the driver, other drivers or vehicles, or pedestrians.
(3) An automated enforcement system may not use biometric identifying technology, including facial recognition technology.
(4) (i) An agency or a contractor of an agency may not sell or otherwise transfer or share recorded images and associated data with another person other than:
1. A person alleged to be liable for a civil violation recorded by an automated enforcement system;
2. A court of competent jurisdiction when adjudicating liability; or
3. Another law enforcement agency for use only in an ongoing investigation, after the other law enforcement agency has obtained an appropriate warrant, subpoena, or court order.
(ii) A law enforcement agency that receives recorded images or associated data under subparagraph (i)3 of this paragraph is subject to the prohibitions and requirements of this section.
§12–113.1. ** TAKES EFFECT JULY 1, 2026 PER CHAPTERS 463 AND 464 OF 2025 **
// EFFECTIVE UNTIL JULY 1, 2029 PER CHAPTERS 463 AND 464 OF 2025 //
(a) (1) In this section the following words have the meanings indicated.
(2) “Agency” means a State police department, the State Highway Administration, a local police department, or another local agency that implements and operates an automated enforcement program.
(3) “Appropriate traffic enforcement purpose” means the detection, investigation, or analysis of, or assessment or adjudication of liability for, a violation.
(4) “Automated enforcement” means the use of cameras, monitoring devices, and other technology by an agency to capture recorded images of a motor vehicle being operated in violation of a traffic law.
(5) “Facial recognition technology” means a biometric software application that identifies or verifies the identity of an individual by comparing and analyzing patterns based on an individual’s facial contours.
(6) “Law enforcement agency” has the meaning stated in § 3–201 of the Public Safety Article.
(7) “Program” means an automated enforcement program implemented and operated by an agency.
(8) “Recorded image or associated data” means any image or data recorded under a program by electronic or digital means, by photographic means, or by way of any other medium that:
(i) Shows a motor vehicle;
(ii) Clearly identifies the entire registration plate number of the motor vehicle; and
(iii) May constitute evidence of a violation.
(9) “Violation” means a traffic violation that a particular automated enforcement system is intended to capture.
(b) This section applies to:
(1) Traffic control signal monitoring systems under § 21–202.1 of this article;
(2) Automated railroad grade crossing enforcement systems under § 21–704.1 of this article;
(3) School bus monitoring cameras under § 21–706.1 of this article;
(4) Stop sign monitoring systems under § 21–707.1 of this article;
(5) Speed monitoring systems under § 21–809 of this article;
(6) Work zone speed control systems under § 21–810 of this article;
(7) Bus lane monitoring systems under § 21–1134 of this article;
(8) Vehicle height monitoring systems under § 24–111.3 of this article; and
(9) Any other automated traffic enforcement system authorized under State law.
(c) (1) Except as provided in paragraphs (2) and (3) of this subsection, an agency may not access or use a recorded image or associated data without a warrant, subpoena, or court order unless the access or use is for an appropriate traffic enforcement purpose.
(2) (i) Subject to subparagraph (ii) of this paragraph, a law enforcement agency may access and use a recorded image or associated data already retained by the law enforcement agency if:
1. The law enforcement agency documents a request to access and use the recorded image or associated data that articulates a specific legitimate law enforcement purpose for accessing and using the recorded image or associated data; and
2. The custodian of the recorded image or associated data maintains a written record of the request and whether or not the request was granted.
(ii) A law enforcement agency that accesses a recorded image or associated data under this paragraph may use the recorded image or associated data only for the legitimate law enforcement purpose described in the request required by subparagraph (i)1 of this paragraph.
(3) An employee or a contractor of an agency may access and use a recorded image and associated data:
(i) To administer and process citations or to audit or evaluate the accuracy of the automated enforcement system; and
(ii) In a manner consistent with subsection (d) of this section.
(4) An agency that knowingly violates this subsection is subject to a fine not exceeding $1,000 for each violation.
(d) (1) An agency shall immediately remove from its records and destroy any recorded image or associated data captured under a program that does not constitute evidence of a violation.
(2) A recorded image or associated data captured under a program that constitutes evidence of a violation may be retained only until the earlier of:
(i) 1 year following the conclusion of any criminal investigation or the exhaustion of all the avenues of adjudication for the violation; or
(ii) 5 years after the day on which the recorded image or associated data was captured.
(3) Before an agency removes and destroys a recorded image or associated data, the agency may disaggregate the data for analysis purposes in a manner that does not identify any individual or vehicle.
(e) (1) An agency that implements and operates a program shall adopt procedures relating to the operation of the program and the use of automated enforcement systems.
(2) The procedures shall:
(i) Identify the employee classifications in the agency that have authorization to access or use recorded images and associated data produced by an automated enforcement system;
(ii) Establish an audit process to ensure that information obtained through the use of an automated enforcement system is used only for appropriate traffic enforcement purposes as authorized in this section;
(iii) Establish procedures and safeguards to ensure that agency personnel with access to recorded images and associated data are adequately screened and trained;
(iv) Establish procedures and safeguards for the secure storage of the recorded images and associated data before the images and data are removed and destroyed; and
(v) Establish procedures for the removal and destruction of recorded images and associated data.
(f) (1) Recorded images and associated data shall be stored using software that is independent from and inaccessible to other systems and networks.
(2) An automated enforcement system shall be situated and focused in a manner that:
(i) Captures recorded images and associated data of violations; and
(ii) To the maximum extent possible, does not capture identifying images of the driver, other drivers or vehicles, or pedestrians.
(3) An automated enforcement system may not use biometric identifying technology, including facial recognition technology.
(4) (i) An agency or a contractor of an agency may not sell or otherwise transfer or share recorded images and associated data with another person other than:
1. A person alleged to be liable for a civil violation recorded by an automated enforcement system;
2. A court of competent jurisdiction when adjudicating liability; or
3. Another law enforcement agency for use only in an ongoing investigation, after the other law enforcement agency has obtained an appropriate warrant, subpoena, or court order.
(ii) A law enforcement agency that receives recorded images or associated data under subparagraph (i)3 of this paragraph is subject to the prohibitions and requirements of this section.
§12–113.1. ** TAKES EFFECT JULY 1, 2029 PER CHAPTERS 463 AND 464 OF 2025 **
(a) (1) In this section the following words have the meanings indicated.
(2) “Agency” means a State police department, the State Highway Administration, a local police department, or another local agency that implements and operates an automated enforcement program.
(3) “Appropriate traffic enforcement purpose” means the detection, investigation, or analysis of, or assessment or adjudication of liability for, a violation.
(4) “Automated enforcement” means the use of cameras, monitoring devices, and other technology by an agency to capture recorded images of a motor vehicle being operated in violation of a traffic law.
(5) “Facial recognition technology” means a biometric software application that identifies or verifies the identity of an individual by comparing and analyzing patterns based on an individual’s facial contours.
(6) “Law enforcement agency” has the meaning stated in § 3–201 of the Public Safety Article.
(7) “Program” means an automated enforcement program implemented and operated by an agency.
(8) “Recorded image or associated data” means any image or data recorded under a program by electronic or digital means, by photographic means, or by way of any other medium that:
(i) Shows a motor vehicle;
(ii) Clearly identifies the entire registration plate number of the motor vehicle; and
(iii) May constitute evidence of a violation.
(9) “Violation” means a traffic violation that a particular automated enforcement system is intended to capture.
(b) This section applies to:
(1) Traffic control signal monitoring systems under § 21–202.1 of this article;
(2) Automated railroad grade crossing enforcement systems under § 21–704.1 of this article;
(3) School bus monitoring cameras under § 21–706.1 of this article;
(4) Speed monitoring systems under § 21–809 of this article;
(5) Work zone speed control systems under § 21–810 of this article;
(6) Bus lane monitoring systems under § 21–1134 of this article;
(7) Noise abatement monitoring systems under § 22–612 of this article;
(8) Vehicle height monitoring systems under § 24–111.3 of this article; and
(9) Any other automated traffic enforcement system authorized under State law.
(c) (1) Except as provided in paragraphs (2) and (3) of this subsection, an agency may not access or use a recorded image or associated data without a warrant, subpoena, or court order unless the access or use is for an appropriate traffic enforcement purpose.
(2) (i) Subject to subparagraph (ii) of this paragraph, a law enforcement agency may access and use a recorded image or associated data already retained by the law enforcement agency if:
1. The law enforcement agency documents a request to access and use the recorded image or associated data that articulates a specific legitimate law enforcement purpose for accessing and using the recorded image or associated data; and
2. The custodian of the recorded image or associated data maintains a written record of the request and whether or not the request was granted.
(ii) A law enforcement agency that accesses a recorded image or associated data under this paragraph may use the recorded image or associated data only for the legitimate law enforcement purpose described in the request required by subparagraph (i)1 of this paragraph.
(3) An employee or a contractor of an agency may access and use a recorded image and associated data:
(i) To administer and process citations or to audit or evaluate the accuracy of the automated enforcement system; and
(ii) In a manner consistent with subsection (d) of this section.
(4) An agency that knowingly violates this subsection is subject to a fine not exceeding $1,000 for each violation.
(d) (1) An agency shall immediately remove from its records and destroy any recorded image or associated data captured under a program that does not constitute evidence of a violation.
(2) A recorded image or associated data captured under a program that constitutes evidence of a violation may be retained only until the earlier of:
(i) 1 year following the conclusion of any criminal investigation or the exhaustion of all the avenues of adjudication for the violation; or
(ii) 5 years after the day on which the recorded image or associated data was captured.
(3) Before an agency removes and destroys a recorded image or associated data, the agency may disaggregate the data for analysis purposes in a manner that does not identify any individual or vehicle.
(e) (1) An agency that implements and operates a program shall adopt procedures relating to the operation of the program and the use of automated enforcement systems.
(2) The procedures shall:
(i) Identify the employee classifications in the agency that have authorization to access or use recorded images and associated data produced by an automated enforcement system;
(ii) Establish an audit process to ensure that information obtained through the use of an automated enforcement system is used only for appropriate traffic enforcement purposes as authorized in this section;
(iii) Establish procedures and safeguards to ensure that agency personnel with access to recorded images and associated data are adequately screened and trained;
(iv) Establish procedures and safeguards for the secure storage of the recorded images and associated data before the images and data are removed and destroyed; and
(v) Establish procedures for the removal and destruction of recorded images and associated data.
(f) (1) Recorded images and associated data shall be stored using software that is independent from and inaccessible to other systems and networks.
(2) An automated enforcement system shall be situated and focused in a manner that:
(i) Captures recorded images and associated data of violations; and
(ii) To the maximum extent possible, does not capture identifying images of the driver, other drivers or vehicles, or pedestrians.
(3) An automated enforcement system may not use biometric identifying technology, including facial recognition technology.
(4) (i) An agency or a contractor of an agency may not sell or otherwise transfer or share recorded images and associated data with another person other than:
1. A person alleged to be liable for a civil violation recorded by an automated enforcement system;
2. A court of competent jurisdiction when adjudicating liability; or
3. Another law enforcement agency for use only in an ongoing investigation, after the other law enforcement agency has obtained an appropriate warrant, subpoena, or court order.
(ii) A law enforcement agency that receives recorded images or associated data under subparagraph (i)3 of this paragraph is subject to the prohibitions and requirements of this section.
Md. Code, Transportation § 12-114
(a) Unless another method for giving notice is specifically required, the Administration shall give any notice that it is required or authorized to give under the Maryland Vehicle Law or any other law, either:
(1) By personal delivery to the person to be notified; or
(2) By mail to the person at the address of the person on record with the Administration.
(b) If notice is given by mail, the notice is effective at the end of the fifth day after its deposit in the mail.
(c) Proof that notice has been given may be made by the certificate of any officer or employee of the Administration or the affidavit of any adult, naming the person to whom the notice was given and stating the time, place, and manner of giving the notice.
Md. Code, Transportation § 12-115
(a) The Administration may publish a summary of the laws of this State that relate to the operation of vehicles and may give a copy of the summary, without charge, with each original vehicle registration and original driver’s license that it issues.
(b) (1) The Administration may publish copies of the Maryland Vehicle Law and related laws and of the rules and regulations adopted under those laws, which shall be made available to the public on request.
(2) The Administration shall charge a price for each copy, not to exceed the cost of its preparation, publication, and mailing. However, copies of the laws may be given free of charge to law enforcement agencies, public officials, and courts.
Md. Code, Transportation § 12-116
If any person gives a check to the Administration to pay for any charge or for any other purpose and the check is not honored by the bank on which it is drawn, the Administration may impose a service charge to be retained by the Administration for the purpose of recovering check handling costs and shall not be credited to the Gasoline and Motor Vehicle Revenue Account for distribution under § 8-403 or § 8-404 of this article. This service charge shall be equal to the greater of:
(1) Not more than 10 percent of the amount of the check; or
(2) $25.
Md. Code, Transportation § 12-117
In or near any building or property used by the Administration for its business, a person may not:
(1) Interfere with any person doing business for or with the Administration; or
(2) For a fee charged directly or indirectly, solicit any person:
(i) To assist that person in obtaining a driver’s license, certificate of title, vehicle registration, or other license or document; or
(ii) To file any statement for that person.
Md. Code, Transportation § 12-118
(a) Except as specifically provided by law, all money received under the Maryland Vehicle Law shall be accounted for and remitted to the State Comptroller.
(b) Out of the money remitted to the State Comptroller under the Maryland Vehicle Law, the State Comptroller shall:
(1) Pay or retain enough to pay all refunds of taxes or fees provided for in the Maryland Vehicle Law;
(2) Credit to the Gasoline and Motor Vehicle Revenue Account of the Transportation Trust Fund the revenues specified in § 8–402 of this article, after retaining enough to pay:
(i) The salaries and other expenses of the State Highway Administration in enforcing Title 24 of this article;
(ii) The salaries and other expenses of the Commercial Vehicle Enforcement Division of the Department of State Police as approved by the Department in enforcing Title 23, Subtitle 4 of this article, Title 24 of this article, the provisions of the Tax – General Article on the motor carrier tax, and the provisions of Title 10 of the Business Regulation Article on motor fuel fraud and motor fuel tax fraud;
(iii) Funds required, in addition to the funding provided in § 13–804 of this article, for the salaries and other expenses of the Automotive Safety Enforcement Division of the Department of State Police as approved by the Department in enforcing Title 23 of this article and Subtitle 6 of Title 22 of this article; and
(iv) The salaries and other expenses of the Department of State Police and other State agencies, as approved by the Department, in enforcing the provisions of § 25–111 of this article; and
(3) Credit the balance to the Transportation Trust Fund.
(c) (1) Except as provided in paragraph (2) of this subsection, notwithstanding any other law and in addition to any other exceptions provided by law, all costs, fines, penalties, and forfeitures received by or paid to the District Court under the Maryland Vehicle Law shall be collected and remitted as provided in the Courts Article.
(2) The Comptroller shall distribute revenue from the civil fines collected through use of a work zone speed control system controlled by a State agency under § 21–810 of this article to a special fund, to be used only as provided in subsection (e) of this section.
(d) Except as provided in subsection (b) of this section, and except for funds received from the Department and the Maryland Transportation Authority for services rendered under agreements with the Department and the Maryland Transportation Authority, the salaries and expenses of the Department of State Police and the State Police Retirement System shall be paid from the general funds of this State.
(e) Money in the special fund established under subsection (c)(2) of this section:
(1) Shall be distributed first to the Department of State Police and the State Highway Administration to cover the costs of implementing and administering work zone speed control systems;
(2) After the distribution under item (1) of this subsection, 25% of any remaining balance shall be distributed to the Department of State Police to be used only for the purchase of replacement vehicles and related motor vehicle equipment used to outfit police vehicles; and
(3) After the distributions under items (1) and (2) of this subsection, the remaining balance shall be distributed to the Transportation Trust Fund for:
(i) Highway and work zone safety purposes; and
(ii) State Highway Administration system preservation.
Md. Code, Transportation § 12-119
Every rule, regulation, form, order, and directive adopted by or relating to the former Department of Motor Vehicles or the Commissioner of Motor Vehicles remains in effect until changed by the Administration or the Secretary. Every reference in this Code, any other law, ordinance, resolution, rule, regulation, order, directive, legal action, contract, or any other document referring to the Department of Motor Vehicles or the Commissioner of Motor Vehicles means the Administration or the Administrator, respectively.
Md. Code, Transportation § 12-120
(a) In this section, “miscellaneous fees” means all fees collected by the Administration under this article other than:
(1) The vehicle titling tax;
(2) Three–fourths of the certificate of title fee under §§ 13–802 and 13–805 of this article; and
(3) Vehicle registration fees under Part II of Title 13, Subtitle 9 of this article.
(b) Except as provided in this section, the Administration may not alter the miscellaneous fees that the Administration is authorized under this article to establish.
(c) (1) Subject to the limitations under subsection (d) of this section, before the start of any fiscal year the Administration by regulation may alter, effective beginning in the upcoming fiscal year, the levels of the miscellaneous fees that the Administration is authorized under this article to establish.
(2) The Administration shall alter the levels of miscellaneous fees for the upcoming fiscal year if the projected cost recovery under subsection (d) of this section exceeds 105%.
(d) The Administration shall set the levels of miscellaneous fees so that the total amount of projected revenues from all miscellaneous fees for the upcoming fiscal year is at least 100% but does not exceed 105% of the sum of:
(1) The operating budget of the Administration for that fiscal year as approved by the General Assembly in the annual State budget;
(2) The average annual capital program of the Administration as reported in the 6–year Consolidated Transportation Program described in § 2–103.1 of this article; and
(3) The Administration’s portion of the cost for that fiscal year of the Department’s data center operations, except for the cost of data center operations attributable to other administrations’ activities.
(e) (1) The Administration may not alter miscellaneous fees more than once in any fiscal year.
(2) The Administration need not reduce fees for the upcoming fiscal year if legislative budget modifications cause the projected cost recovery percentage to exceed 105%.
(3) The level of a miscellaneous fee set by the Administration remains in effect until again altered by the Administration as provided under this section.
Md. Code, Transportation § 12-201
In this subtitle, “licensee” means the holder of a license issued or privilege granted under the Maryland Vehicle Law.
Md. Code, Transportation § 12-202
(a) Except as otherwise provided in § 16-205.1(f) of this article, if the Maryland Vehicle Law or a rule or regulation of the Administration provides that a license or privilege may be suspended or revoked only after a hearing, the Administration shall give the licensee:
(1) Written notice of the hearing and any charge made; and
(2) An opportunity to be heard in person.
(b) The notice required by this section shall:
(1) Contain the information required by § 12-204 of this subtitle;
(2) Be given at least 10 days before the date of the hearing; and
(3) Be sent to the licensee as provided in § 12-114 of this title.
Md. Code, Transportation § 12-203
(a) If the Maryland Vehicle Law or a rule or regulation of the Administration provides that an applicant or licensee may request a hearing on refusal, suspension, or revocation of a license or privilege, the Administration shall give the applicant or licensee written notice under § 12-114 of this title of:
(1) The refusal, suspension, or revocation; and
(2) The right of the applicant or licensee to request a hearing.
(b) (1) Except as otherwise provided in the Maryland Vehicle Law, the applicant or licensee may request a hearing within 15 days from the date that the notice required by this section is mailed.
(2) The hearing shall be held within 30 days of the date of the request.
(3) The Administration shall render a decision within 30 days of a hearing conducted under Title 16, Subtitles 1 through 4 of this article.
Md. Code, Transportation § 12-204
Notice of any hearing scheduled by this Administration shall state:
(1) The date, time, place, and nature of the hearing;
(2) The legal authority and jurisdiction of the Administration to hear the matter;
(3) The facts in sufficient detail to enable a party to prepare his case;
(4) The nature of the proposed action that the Administration is to consider;
(5) The right of a party to call witnesses and offer documentary evidence under the provisions of § 10-213 of the State Government Article;
(6) When applicable, the right of a party to request the subpoena of witnesses and the costs thereof;
(7) That a copy of the hearing procedures is available on request of a party, and the cost to obtain a copy;
(8) The right of a party to the hearing to be represented by counsel; and
(9) If a licensee is a party to the hearing, the right of the Administration, on failure of the licensee to appear, to:
(i) Order a suspension of the party’s license or privilege until the party appears for a hearing; or
(ii) Impose any sanction proposed in the notice.
Md. Code, Transportation § 12-205
Each hearing shall be held on the date, at the approximate time, and at the place that the Administration specifies, subject to any limitations specifically set forth in the Maryland Vehicle Law.
Md. Code, Transportation § 12-206
Except as otherwise provided in this article, a hearing held under the Maryland Vehicle Law shall be conducted in accordance with Title 10, Subtitle 2 of the State Government Article (Administrative Procedure Act - Contested Cases).
Md. Code, Transportation § 12-206.1
§12–206.1.
(a) (1) In this section the following words have the meanings indicated.
(2) “Victim” means a person who dies as the result of the commission of a moving violation by another person.
(3) “Victim’s representative” means a member of the family of a victim or a guardian or personal representative of a victim.
(b) (1) During the investigation of a moving violation, the investigating agency shall:
(i) Inform the victim’s representative of the right to file a victim’s representation notification form with the Administration to request to be notified of a hearing under 16–206(f) of this article; and
(ii) Provide the victim’s representative with a copy of the victim’s representation notification form developed by the Governor’s Office of Crime Prevention and Policy under subsection (e) of this section.
(2) A victim’s representation notification form under this subsection may only be filed at least 30 days before a hearing under § 16–206(f) of this article.
(c) (1) If a victim’s representative files a victim’s representation notification form under subsection (b) of this section and the person who committed the moving violation that resulted in the victim’s death requests a hearing under § 16–206(f) of this article, the Administration shall notify:
(i) The victim’s representative of the hearing in accordance with § 12–114 of this title at least 21 days before the hearing; and
(ii) The Office of Administrative Hearings that the victim’s representative has filed a victim’s representation notification form under subsection (b) of this section.
(2) Notice provided under this subsection shall state:
(i) The date, time, place, and nature of the hearing;
(ii) The legal authority and jurisdiction of the Administration to hear the matter;
(iii) The nature of the proposed action that the Administration is to consider;
(iv) That a copy of the hearing procedures is available on request and without cost to the victim’s representative;
(v) The right of the victim’s representative to be present at the hearing;
(vi) The right of the victim’s representative to submit a written statement for consideration by the Administration at the hearing; and
(vii) The right of the victim’s representative to make an oral statement for consideration by the Administration at the hearing.
(3) (i) If a victim’s representative intends to make an oral statement, the victim’s representative shall notify the Administration at least 10 days before the hearing.
(ii) If a victim’s representative intends to submit a written statement, the statement shall be submitted to the Administration at least 10 days before the hearing.
(d) (1) If a victim’s representative provides notice in accordance with subsection (c)(3)(i) of this section, the Administration shall allow the victim’s representative to make an oral statement for consideration by the Administration at the hearing.
(2) If a victim’s representative submits a written statement in accordance with subsection (c)(3)(ii) of this section, the Administration shall:
(i) Provide a copy of the written statement to the licensee before the hearing begins; and
(ii) Consider the written statement at the hearing.
(e) The Governor’s Office of Crime Prevention and Policy shall develop and, as necessary, update a uniform victim’s representation notification form that may be filed by a victim’s representative under this section.
Md. Code, Transportation § 12-207
(a) Any party to a hearing may request that the testimony presented at the hearing be transcribed.
(b) The party requesting the transcription shall pay for its cost. However, if an appeal is taken under § 12-209 of this subtitle, the party need not pay the cost of the transcription if the court finds that the party is indigent.
Md. Code, Transportation § 12-208
(a) After a hearing, the Administration may:
(1) Refuse, suspend, or revoke the license or privilege of an applicant or licensee;
(2) Rescind, continue, or modify any prior action; or
(3) Take any other action permitted by the Maryland Vehicle Law.
(b) If a decision or order of the Administration is adverse to any party to the hearing, the decision or order:
(1) Shall be made in accordance with § 10-221 of the State Government Article; and
(2) Unless service is waived by the party, shall be served on the party or the party’s attorney.
(c) Subject to § 10-209(b) and (c) of the State Government Article, and except as otherwise provided in this article, if a party fails to appear for a hearing scheduled under the Maryland Vehicle Law, the Administration may:
(1) For a hearing scheduled under § 12-203 of this subtitle, impose the sanction proposed in the notice; or
(2) For a hearing scheduled under § 12-202 of this subtitle, order:
(i) A suspension of the party’s license or privilege until the party appears for a hearing; or
(ii) The imposition of any sanction proposed in the notice.
Md. Code, Transportation § 12-209
(a) (1) Any aggrieved party to a hearing may appeal from a decision or order of the Administration in accordance with this subsection.
(2) If the matter concerns the license of an individual to drive and the individual is a resident of this State, the aggrieved party may appeal to the circuit court for the county in which the individual resides.
(3) If the matter concerns any other license or privilege of a person, the aggrieved party may appeal to the circuit court for the county in which the principal place of business of the person in this State is located.
(4) If the appeal involves a nonresident motorist, the aggrieved party may appeal to the circuit court for the county in which the motorist was convicted of the violation to which the matter relates.
(5) If not otherwise provided in this section or elsewhere in the Maryland Vehicle Law, the aggrieved party may appeal to the Circuit Court for Anne Arundel County.
(b) The Administrative Procedure Act shall govern in an appeal.
(c) Except as provided in § 16-205.1 of this article, if an appeal is filed in a case by an aggrieved licensee, the Administration shall grant a stay of its decision or order for not more than 120 days, unless it appears to the Administration that substantial and immediate harm could result to the licensee or others if the license or privilege is continued pending appeal.
Md. Code, Transportation § 12-301
(a) On application, the Administration shall issue an identification card to any applicant who:
(1) Is a resident of this State;
(2) Does not have a driver’s license;
(3) Presents a birth certificate or other proof of age and identity acceptable to the Administration;
(4) Provides satisfactory documentary evidence that the applicant has lawful status;
(5) (i) Provides satisfactory documentary evidence that the applicant has a valid Social Security number by presenting the applicant’s Social Security Administration account card or, if the Social Security Administration account card is not available, any of the following documents bearing the applicant’s Social Security number:
1. A current W–2 form;
2. A current SSA–1099 form;
3. A current non–SSA–1099 form; or
4. A current pay stub with the applicant’s name and Social Security number on it; or
(ii) Provides satisfactory documentary evidence that the applicant is not eligible for a Social Security number; and
(6) Presents a completed application for an identification card on a form furnished by the Administration.
(b) (1) Except as provided in paragraph (2) of this subsection, the Administration shall establish a fee for the issuance of an identification card and for issuance of a duplicate identification card.
(2) A fee is not required if the applicant for the card:
(i) Is 65 years old or older;
(ii) Is legally blind;
(iii) Has permanently lost the use of a leg or an arm;
(iv) Is permanently disabled so severely that the applicant cannot move without the aid of crutches or a wheelchair;
(v) Has a physical or mental impairment that substantially limits a “major life activity” as defined in the federal Americans with Disabilities Act;
(vi) Presents documentation showing that the applicant was released from a correctional facility within the prior 60 days;
(vii) Presents documentation showing that the applicant is a youth under the care of the Department of Juvenile Services;
(viii) Presents documentation showing that the applicant is a youth between 15 and 20 years of age, inclusive, who is a participant in a Department of Human Services program, as approved by the Administration;
(ix) Presents documentation showing that the applicant is currently homeless;
(x) Presents documentation showing that the applicant is currently under the care of the Maryland Department of Health; or
(xi) Presents documentation showing that the applicant is participating in another program administered by a State agency that requires the applicant to possess an identification card.
(c) A person may not commit any fraud in applying for an identification card issued under this section.
(d) A person may not commit any misrepresentation in applying for an identification card issued under this section.
(e) A person may not commit any fraud in using an identification card issued under this section.
(f) A person may not make any misrepresentation in using an identification card issued under this section.
(g) (1) An identification card shall be:
(i) Of the size and design that the Administration requires; and
(ii) Tamperproof, to the extent possible.
(2) The card shall contain:
(i) The name and address of the applicant;
(ii) The birth date of the applicant;
(iii) The sex of the applicant;
(iv) A description of the applicant;
(v) A color photograph of the applicant taken by the procedure that the Administration requires;
(vi) The expiration date of the identification card;
(vii) The signature of the applicant; and
(viii) The signature and seal of the issuing agent.
(h) An identification card may be used as legal identification of the individual to whom it is issued for any purpose.
(i) (1) Subject to paragraphs (2) through (4) of this subsection, an identification card issued to an applicant expires at the end of a period of not more than 8 years determined in regulations adopted by the Administration.
(2) Before the expiration of an identification card, if an individual does not possess all of the documents required for renewal, the Administration may extend the individual’s identification card for a period not to exceed 90 days.
(3) (i) If an applicant has temporary lawful status, the Administration may not issue an identification card to the applicant for a period that extends beyond the expiration date of the applicant’s authorized stay in the United States or, if there is no expiration date, for a period longer than 1 year.
(ii) Nothing contained in this paragraph may be construed to allow the issuance of an identification card for a period longer than the period described in paragraph (1) of this subsection.
(iii) The Administration shall indicate on the face and in the machine–readable zone of a temporary identification card issued under this paragraph that the card is a temporary identification card.
(4) (i) Notwithstanding any other provision of this section, the Administration may issue a temporary renewal for an identification card that extends the expiration date for a period not exceeding 2 years for an applicant who:
1. Has the documentation required by federal law, as enumerated in subsection (a)(4) and (5) of this section, on file with the Administration;
2. Has a photograph on file with the Administration that will not be 16 years old or older by the expiration date of the temporary renewal; and
3. Has an identification card that was issued for the full term under paragraph (1) of this subsection.
(ii) The Administration may make temporary renewal of an identification card available to:
1. An active service member or a spouse or dependent of the active service member;
2. A member of the Foreign Service of the United States or a spouse or dependent of the member;
3. A resident of the State who is a student studying outside the State;
4. A resident of the State who is temporarily residing outside the State for at least 6 months;
5. A resident of the State who holds an identification card that would have otherwise expired during a state of emergency declared by the Governor; or
6. Any other resident of the State who meets any requirements approved by the Administration.
(iii) The Administration shall adopt regulations to carry out this paragraph.
(5) An identification card may be renewed on application and payment of the fee required by this section.
(j) The identification card shall be surrendered by the holder upon being issued a Maryland driver’s license.
(k) The Administrator may issue an identification card to an applicant:
(1) Whose privilege to drive has been refused, canceled, suspended, or revoked; or
(2) Who has been issued a temporary license under § 16–205.1(b)(3)(iii) of this article.
(l) (1) The Administration may cancel an identification card issued under this section if the Administration determines that the holder of the identification card:
(i) Was not entitled to be issued the identification card;
(ii) Failed to provide accurate or required information in the application for the identification card;
(iii) Fraudulently applied for or obtained the identification card; or
(iv) Is otherwise in violation of subsection (c), (d), (e), or (f) of this section.
(2) If the Administration cancels an identification card under paragraph (1) of this subsection, the holder of the identification card immediately shall surrender the canceled identification card to the Administration.
(m) (1) A person convicted of a violation of subsection (c) or (d) of this section is subject to imprisonment not exceeding 3 years or a fine not exceeding $2,500 or both.
(2) A person convicted of a violation of subsection (e) or (f) of this section is subject to imprisonment not exceeding 2 months or a fine not exceeding $500 or both.
Md. Code, Transportation § 12-301.1
§12–301.1.
(a) In this section, “Division of Correction” means the Division of Correction of the Department of Public Safety and Correctional Services.
(b) The Administration shall issue an identification card under § 12–301 of this subtitle at no cost to an individual who applies for an identification card and presents:
(1) An identification card issued by the Division of Correction that displays:
(i) The individual’s full name;
(ii) A photograph of the individual; and
(iii) A unique identification number assigned to the individual by the Division of Correction; and
(2) The individual’s Social Security card.
Md. Code, Transportation § 12-302
(a) The Administration shall ensure that the driver’s license or identification card of an applicant who presents a certification of veteran status obtained from the Department of Veterans and Military Families in accordance with § 9–905 of the State Government Article, a DD Form 214, or other documentation acceptable to the Administration certifying veteran status, includes a notation indicating that the applicant is a veteran.
(b) (1) An application for a driver’s license or an identification card shall allow an applicant to indicate that the applicant is a veteran and consents to being contacted by appropriate Executive Branch agencies regarding the applicant’s eligibility for State or federal veterans’ benefits.
(2) In accordance with §§ 4–304 through 4–325 of the General Provisions Article and any other applicable law, and on request by an Executive Branch agency, the Administration shall electronically transmit to the Executive Branch agency appropriate information about each applicant who consents in accordance with paragraph (1) of this subsection.
(c) The Administration may adopt regulations to carry out the provisions of this section.
Md. Code, Transportation § 12-303
(a) (1) The Administration shall provide for a method by which an individual doing business with the Administration can:
(i) Register as a donor with the State donor registry established under § 4–516 of the Estates and Trusts Article for the purpose of making a gift of all body organs or parts for the purposes of transplantation, therapy, or medical research and education; and
(ii) Select to have a donor designation on the individual’s driver’s license or identification card.
(2) The Administration may not require an individual who registers with the State donor registry under paragraph (1)(i) of this subsection to have a donor designation on the individual’s driver’s license or identification card.
(b) If an individual selects to have a donor designation on the individual’s driver’s license or identification card under subsection (a)(1) of this section, the Administration shall make a notation of this fact on a driver’s license or identification card issued to the individual.
(c) The Administration shall notify an individual who selects to register as a donor that:
(1) The registration will remain effective until the individual requests that the individual be removed from the State donor registry; and
(2) The individual may request to be removed from the State donor registry:
(i) If the individual selected to have a donor designation on the individual’s driver’s license or identification card, by requesting a replacement driver’s license or identification card:
1. Through the Administration’s Web site; or
2. In person at any full–service Administration office;
(ii) By requesting to be removed when doing business with the Administration; or
(iii) Through the State donor registry.
(d) Unless an individual who selected to have a donor designation on the individual’s driver’s license or identification card is removed from the State donor registry as provided in subsection (c)(2) of this section, the Administration shall note the individual’s donor designation on all subsequently issued drivers’ licenses or identification cards.
(e) A donor designation noted on a driver’s license or identification card:
(1) Is sufficient legal authority for the removal of a body organ or part on the death of the donor; and
(2) Notwithstanding any other provision of law, is valid and effective for all purposes under Title 4, Subtitle 5 of the Estates and Trusts Article, including the immunity from civil or criminal liability set forth in § 4–514 of the Estates and Trusts Article.
Md. Code, Transportation § 12-303.1
§12–303.1.
(a) In this section, “advance directive” has the meaning stated in § 5–601 of the Health – General Article.
(b) The Administration shall provide for a method by which an applicant for a driver’s license or identification card shall be made aware of, and informed how to obtain, the advance directive information sheet developed under § 5–615 of the Health – General Article.
(c) (1) The Administration shall provide a method by which a notation indicating that the applicant has an advance directive registered with the Maryland Department of Health may be placed on the driver’s license or identification card.
(2) The notation shall be added only on written request of the applicant.
(3) The notation may be removed at any time on written request.
Md. Code, Transportation § 12-304
(a) This section applies only to an adult male applicant under the age of 26 years.
(b) Subject to subsection (c) of this section, the Administration shall provide to the Selective Service Administration in an electronic format, for purposes of registration with the Selective Service as required under federal law, the necessary information concerning a male applicant who applies for a driver’s license or identification card or the renewal of a driver’s license or identification card, including the applicant’s:
(1) Full name;
(2) Current address;
(3) Date of birth;
(4) Gender;
(5) Date of application; and
(6) Social Security number, if available.
(c) (1) A male applicant’s signature on the application indicates that the applicant has selected one of the options specified in paragraph (2) of this subsection concerning Selective Service registration and the forwarding of information to the Selective Service Administration under this section.
(2) In addition to the information required under this subtitle or Title 16 of this article, an application form for a driver’s license or identification card or renewal of a driver’s license or identification card shall contain a statement that the male applicant:
(i) Has already registered with the Selective Service Administration; or
(ii) Has not registered with the Selective Service Administration and:
1. Consents to forwarding the information in subsection (b) of this section to the Selective Service Administration; or
2. Refuses to consent to the forwarding of the information in subsection (b) of this section to the Selective Service Administration.
(d) Refusal to consent to the forwarding of the information in subsection (b) of this section to the Selective Service Administration may not be grounds for denial of an application for a driver’s license or identification card or renewal of a driver’s license or identification card.
Md. Code, Transportation § 12-305
(a) An application for a license, an identification card, or a moped operator’s permit shall allow an applicant to indicate that the sex the applicant identifies as is:
(1) Female;
(2) Male; or
(3) Unspecified or other.
(b) The Administration shall ensure that the license, identification card, or moped operator’s permit of an applicant who has indicated an unspecified or other sex on an application displays an “X” in the location on the license, identification card, or moped operator’s permit that indicates the applicant’s sex.
(c) The Administration may not:
(1) Require an applicant for a license, an identification card, or a moped operator’s permit to provide proof of the applicant’s sex; or
(2) Deny an application for a license, an identification card, or a moped operator’s permit because the sex selected by the applicant does not match the sex indicated on another document associated with the applicant.
Md. Code, Transportation § 12-306
(a) (1) In this section, “nonapparent disability” means a disability or health condition that is not immediately obvious or visible.
(2) “Nonapparent disability” includes:
(i) Developmental disabilities; and
(ii) Intellectual disabilities.
(b) An initial and a renewal application for a license, an identification card, or a moped operator’s permit shall allow an applicant to choose to indicate on the document that the applicant has a nonapparent disability.
(c) The Administration shall:
(1) Ensure that the license, identification card, or moped operator’s permit of an applicant who has indicated a nonapparent disability on an application includes a notation of the nonapparent disability on the bottom of the license, identification card, or moped operator’s permit;
(2) Consult with developmental disability and intellectual disability advocacy groups with respect to the design of the nonapparent disability notation;
(3) Notify an individual with a nonapparent disability notation on a license, identification card, or moped operator’s permit that turns 18 years of age that the individual may request that the nonapparent disability notation be removed;
(4) Delete any record of an individual’s nonapparent disability notation on request by the individual at any time; and
(5) Establish public outreach efforts to educate the general public on the availability of the nonapparent disability notation.
(d) There is no fee for a nonapparent disability notation on a license, identification card, or moped operator’s permit, including for the issuance of a corrected document if no other corrections are made.
(e) The Administration may not:
(1) Require an applicant for a license, an identification card, or a moped operator’s permit to provide proof of the applicant’s nonapparent disability;
(2) Deny an application for a license, an identification card, or a moped operator’s permit because the nonapparent disability selected by the applicant does not match the nonapparent disability indicated on another document associated with the applicant;
(3) Notwithstanding § 4–320 of the General Provisions Article and except as provided in subsection (f) of this section, disclose for any use without a court order information related to an applicant’s:
(i) Indication of a nonapparent disability on an application for a license, an identification card, or a moped operator’s permit; or
(ii) Request to remove an indication of a nonapparent disability from a license, an identification card, or a moped operator’s permit; or
(4) Use information disclosed by a person under this section as a basis for referring the person to the Medical Advisory Board under § 16–118 of this article.
(f) The Administration may make information described in subsection (e)(3) of this section available to:
(1) A court;
(2) A criminal justice agency;
(3) A driver licensing authority;
(4) The applicant;
(5) The applicant’s attorney;
(6) Any third party designated by the applicant; or
(7) The Child Support Administration.
(g) The Maryland Police Training and Standards Commission, in consultation with the Department of State Police and other interested stakeholders, shall implement training concerning interactions with individuals who have a nonapparent disability notation on their license, identification card, or moped operator’s permit.
Md. Code, Transportation § 12-401
In this subtitle, “jurisdiction” includes any state, foreign country, or state or province of a foreign country.
Md. Code, Transportation § 12-402
It is the policy of this State to promote and encourage the fullest possible use of its highway system by authorizing vehicle reciprocal or proportional registration agreements, arrangements, and declarations with other jurisdictions as to vehicles registered in this State and in those other jurisdictions, thus contributing to the economic and social development and growth of this State.
Md. Code, Transportation § 12-403
The Administrator may make agreements, arrangements, or declarations to carry out the provisions of this subtitle.
Md. Code, Transportation § 12-404
(a) The Administrator may make an agreement or arrangement with the authorized representative of any other jurisdiction, to grant to drivers or to owners of vehicles that are licensed or registered in that jurisdiction and for which evidence of compliance is supplied, benefits, privileges, and full or partial exemptions from the payment of any taxes, fees, or other charges imposed under the laws of this State on the drivers or owners as to the operation or ownership of the vehicles.
(b) An agreement or arrangement made under this section shall provide that drivers and vehicles licensed or registered in this State, while operated on highways in the other jurisdiction, shall receive benefits, privileges, and exemptions of a similar kind or to a similar degree as are extended to drivers and vehicles licensed or registered in that jurisdiction while operated in this State.
(c) In the judgment of the Administrator, each agreement or arrangement to be made under this section shall be in the best interest of and fair and equitable to this State and its citizens, as determined on the basis and recognition of the benefits that accrue to the economy of this State from the uninterrupted flow of commerce.
Md. Code, Transportation § 12-405
An agreement, arrangement, or declaration made under this subtitle may authorize the registration or licensing in another jurisdiction of vehicles that are located in or operated from a base in that jurisdiction and that otherwise would be required to be registered or licensed in this State. In this event, the benefits, privileges, and exemptions extended by the agreement, arrangement, or declaration shall apply to those vehicles, if licensed or registered in the base jurisdiction.
Md. Code, Transportation § 12-406
(a) If any jurisdiction permits or requires the licensing of fleets of vehicles in interstate or combined interstate and intrastate commerce and the payment of registration, license, or other fixed fees on an apportionment basis commensurate with and determined by the miles traveled on highways in that jurisdiction, as compared with the miles traveled on highways in other jurisdictions, or on any other equitable basis of apportionment, and if that jurisdiction exempts vehicles registered in other jurisdictions under that apportionment basis from the requirements of full payment of its own registration, license, or other fixed fees, the Administrator by agreement may adopt the exemption as to vehicles of those fleets, whether owned by residents or nonresidents of this State and regardless of where the vehicles are based.
(b) Under the terms, conditions, or restrictions that the Administrator considers proper, these agreements may provide:
(1) That owners of vehicles operated in interstate or combined interstate and intrastate commerce in this State may pay registration, license, or other fixed fees on an apportionment basis commensurate with and determined by the miles traveled on highways in this State, as compared with the miles traveled on highways in other jurisdictions, or on any other equitable basis of apportionment; or
(2) (i) For issuance of trip permit registration; and
(ii) For collection of a fee for any vehicle or combination of vehicles which may be lawfully operated in the jurisdiction if full registration or proportional registration were obtained.
(c) The registration of fleet vehicles under this section is subject to the rights, terms, and conditions granted by or contained in any applicable agreement, arrangement, or declaration made by the Administrator.
Md. Code, Transportation § 12-407
(a) In the absence of an agreement or arrangement with another jurisdiction, the Administrator may examine the laws and requirements of the other jurisdiction and declare the extent and nature of benefits, privileges, and exemptions to be extended to vehicles registered or licensed in that jurisdiction or to the owners of the vehicles.
(b) In the judgment of the Administrator, the benefits, privileges, and exemptions to be declared under this section shall be in the best interest of and fair and equitable to this State and its citizens, as determined on the basis and recognition of the benefits that accrue to the economy of this State from the uninterrupted flow of commerce.
Md. Code, Transportation § 12-408
An agreement, arrangement, or declaration made under this subtitle may contain provisions, terms, and conditions under which a leased vehicle registered by its lessor may be entitled to the exemptions, benefits, and privileges extended by the agreement, arrangement, or declaration.
Md. Code, Transportation § 12-409
If, as to any other jurisdiction, an agreement, arrangement, or declaration is not in effect as authorized by this subtitle, any vehicle registered or licensed in that other jurisdiction and for which evidence of compliance is supplied, shall receive, while operated in this State, the same benefits, privileges, and exemptions granted by the other jurisdiction to vehicles registered in this State. Reciprocity extended under this section applies only to vehicles that are engaged exclusively in interstate operations.
Md. Code, Transportation § 12-410
The provisions of this subtitle relating to proportional registration of fleet vehicles do not require any vehicle to be registered proportionally if it is otherwise registered in this State for the operation in which it is engaged, including regular registration, temporary registration, or trip permit.
Md. Code, Transportation § 12-411
Any agreement, arrangement, or declaration made under this subtitle may authorize the Administration to suspend or cancel the benefits, privileges, or exemptions granted under it to a person who violates any of its conditions or terms or who violates the vehicle laws or regulations of this State.
Md. Code, Transportation § 12-412
(a) Each agreement, arrangement, and declaration made under this subtitle and each amendment to an agreement, arrangement, or declaration:
(1) Shall be in writing and kept on file by the Administration; and
(2) Is not effective until approved by the Governor.
(b) The Administrator shall file a copy of each agreement, arrangement, declaration, and amendment with the Secretary of State within 30 days after its execution or its effective date, whichever is later. The Administration shall provide copies of these documents for public distribution on request.
Md. Code, Transportation § 12-413
Every reciprocity and proportional registration agreement, arrangement, and declaration relating to vehicles and in force and effect on July 1, 1971, continues in force and effect until specifically amended or revoked as provided by law or by the agreement, arrangement, or declaration.
Md. Code, Transportation § 12-414
This subtitle is part of and supplemental to the vehicle registration laws of this State.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://mgaleg.maryland.gov/mgawebsite/Laws/StatutesFetched: 10/16/2026