§ 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.
§ 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.
§ 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.
