2013 Maryland Code
TRANSPORTATION
§ 22-201 - "Service vehicles" defined

§22-201.

In this subtitle, “service vehicles” means any of the following vehicles that are designated by the Administration as service vehicles:

(1) Vehicles of federal, State, or local agencies;

(2) Vehicles of public service companies; and

(3) Vehicles of persons performing governmental functions under a contract with any federal, State, or local government.

§ 22-201 - 1. When lighted lamps are required

Every vehicle on a highway in this State, at any time when, due to insufficient light or unfavorable atmospheric conditions, persons and vehicles on the highway are not clearly discernible at a distance of 1,000 feet ahead, shall display lighted lamps and illuminating devices as respectively required in this subtitle for different classes of vehicles, subject to exceptions with respect to parked vehicles, and further that stoplights, turn signals, and other signaling devices shall be lighted as prescribed for the use of these devices.

§ 22-201 - 2. Use of headlights or fog lights when windshield wipers are operated

(a) When required. -- Notwithstanding any other provision of this subtitle, if a driver of a vehicle on a highway operates the vehicle's windshield wipers for a continuous period of time because of impaired visibility resulting from unfavorable atmospheric conditions, the driver shall light the vehicle's headlamps or fog lights.

(b) Nature of violation. -- A violation of this section is not considered a moving violation for purposes of § 16-402 of this article.

(c) Effect of conviction. --

(1) If a person is convicted under this section, the conviction may not:

(i) Be considered evidence of negligence;

(ii) Be considered evidence of contributory negligence;

(iii) Limit liability of a party or an insurer; or

(iv) Diminish recovery for damages arising out of the ownership, maintenance, or operation of a motor vehicle.

(2) Subject to the provisions of paragraph (3) of this subsection, a party, witness, or counsel may not make reference to a violation of this section.

(3) Nothing contained in this subsection may be construed to prohibit the right of a person to institute a civil action for damages against a dealer, manufacturer, distributor, factory branch, or other appropriate entity arising out of an incident that involves a defectively installed or defectively operating headlamp or fog light.

(d) Penalties. -- A person who is convicted of a violation of subsection (a) of this section is subject to a fine not to exceed $ 25.

(e) Enforcement only as secondary action. -- A police officer may enforce the provisions of this section only as a secondary action when the police officer detains a driver of a motor vehicle for a suspected violation of another provision of the Code.