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Code · Maryland · Transportation

§ 22-201.2

254 words·~1 min read·/md/transportation/22-201-2

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