2013 Maryland Code
NATURAL RESOURCES
§ 8-727 - Enforcement of subtitle by officers; use of visual or audible signals


MD Nat Res Code § 8-727 (2013) What's This?

§8-727.

(a) (1) In this section the following words have the meanings indicated.

(2) “Elude” means to evade a police officer’s visual or audible signal to stop by:

(i) Willfully failing to stop the vessel;

(ii) Fleeing on foot; or

(iii) Any other means.

(3) “Police officer” means an officer who is:

(i) In uniform, prominently displaying the officer’s badge or other insignia of office; or

(ii) In a vessel that is appropriately marked as an official law enforcement vessel, whether or not the officer is in uniform.

(4) “Visual or audible signal” means a warning or command by hand, voice, emergency light, signal device, or siren.

(b) A Natural Resources police officer or any law enforcement officer enforcing the provisions of this subtitle may stop, board, or inspect any vessel subject to this subtitle.

(c) (1) Except as provided in paragraph (2) of this subsection, an individual who is on a vessel may not display or operate a flashing blue light or signal device.

(2) A police officer who is on a vessel of a county, municipal, State, or federal law enforcement agency may display and operate flashing blue lights or signal devices while responding to or at the scene of an emergency or pursuing a violator or suspected violator of the law.

(d) On the immediate approach of a law enforcement vessel lawfully using a flashing blue light or signal device, an operator of another vessel, unless otherwise directed by a police officer, shall:

(1) Yield the right-of-way; and

(2) Stop the vessel and stay in that position until the law enforcement vessel has passed.

(e) An operator of a vessel may not elude or attempt to elude a police officer who gives a visual or audible signal to the operator to stop.

(f) (1) A person who violates subsection (c) or (d) of this section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $500.

(2) A person who violates subsection (e) of this section is guilty of a misdemeanor and on conviction:

(i) For a first offense, is subject to a fine not exceeding $1,000 or imprisonment not exceeding 1 year or both; and

(ii) For a subsequent offense, is subject to a fine not exceeding $1,000 or imprisonment not exceeding 2 years or both.

§ 8-727 - 1. Use of flashing red and yellow lights or signal devices; emergency vessels

(a) "Public safety activity" defined. --

(1) In this section, "public safety activity" includes:

(i) Patrolling a marine parade, regatta, or special water celebration;

(ii) Traffic control;

(iii) Salvage;

(iv) Fire fighting;

(v) Medical assistance;

(vi) Assisting a disabled vessel; and

(vii) Search and rescue.

(2) "Public safety activity" does not include routine towing.

(b) Use prohibited. -- Except as provided in subsection (c) of this section, an individual who is on a vessel may not display or operate a flashing, alternating red and yellow light or signal device.

(c) Display of signal; location; right-of-way. --

(1) An individual who is on a vessel engaged in a government sanctioned public safety activity or a commercial vessel performing a public safety activity may display an alternately flashing red and yellow light signal.

(2) The public safety identification light signal shall be located so that it does not interfere with the visibility of the vessel's navigation lights.

(3) The public safety identification light signal may be used only as an identification light signal and does not convey any special privilege to the vessel displaying the light signal.

(4) An individual on a vessel using the public safety identification light signal during public safety activities shall comply with the Inland Navigation Rules adopted by the United States Coast Guard and may not presume that the light or the activity gives the vessel precedence or right-of-way.

(d) Penalty for violation. -- A person who violates any provision of this section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $ 500.

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