2017 Maryland Code
Transportation
Title 22 - Vehicle Laws -- Equipment of Vehicles
Subtitle 2 - Lamps and Other Lighting Equipment
§ 22-201.2. Use of headlights 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.
  • (b) Nature of violation. -- A violation of this section is not considered a moving violation for purposes of ยง 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.
  • (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.
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