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MARYLAND STATUTES AND CODES

Section 22-201.2 - Use of headlights or fog lights when windshield wipers are operated.

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§ 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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  • § 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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