2010 Maryland Code
Subtitle 2 - Lamps and Other Lighting Equipment
Section 22-201.2 - Use of headlights or fog lights when windshield wipers are operated.

§ 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. 

[1997, chs. 175, 176.] 

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