Maryland Transportation Section 22-201.2

Article - Transportation

§ 22-201.2.

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

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

      (e)      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.



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