Motor Vehicles - Intelligent Speed Assistance System Pilot Program - Establishment, the official text

WES MOORE, Governor       Ch. 870

Chapter 870

                                (House Bill 107)

AN ACT concerning

Motor Vehicles – Intelligent Speed Assistance System Pilot Program –
                                           Establishment

FOR the purpose of establishing the Intelligent Speed Assistance System Pilot Program;
         requiring authorizing requiring certain individuals whose driver’s licenses are
         subject to certain suspension or revocation to participate in the Program; requiring
         the Motor Vehicle Administration to issue to participants a restrictive license
         requiring the use of an intelligent speed assistance system; prohibiting a participant
         from operating a motor vehicle in violation of the requirements of the Program;
         requiring the District Court to ensure that certain entries are included in a certain
         schedule of fines; and generally relating to the Intelligent Speed Assistance System
         Pilot Program.

BY repealing and reenacting, with amendments,
         Article – Transportation
         Section 16–404(c)
         Annotated Code of Maryland
         (2020 Replacement Volume and 2025 Supplement)

BY adding to
         Article – Transportation
         Section 16–404.2
         Annotated Code of Maryland
         (2020 Replacement Volume and 2025 Supplement)

         SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
That the Laws of Maryland read as follows:

                                Article – Transportation

16–404.

        (c) (1) Except as provided in paragraphs (2) [and (3)], (3), AND (4) of this
subsection:

                           (i)  An initial suspension may not be for less than 2 days nor more
than 30 days; and

                           (ii) Any subsequent suspension may not be for less than 15 days nor
more than 90 days.

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                  (2) Subject to the provisions of paragraph (3) of this subsection, the
following suspension periods may apply to a suspension for an accumulation of points under
§ 16–402(a)(29) of this subtitle for a violation of § 21–902(b) or (c) of this article or a
suspension imposed under § 16–404.1(f)(1)(iii) of this subtitle:

                           (i) For a first conviction, not more than 6 months;

                           (ii) For a second conviction at least 5 years after the date of the first
conviction, not more than 9 months;

                           (iii) For a second conviction less than 5 years after the date of the
first conviction or for a third conviction, not more than 12 months; and

                           (iv) For a fourth or subsequent conviction, not more than 24 months.

                  (3) The Administration may issue a restrictive license for the period of the
suspension to an individual who participates in the Administration’s Ignition Interlock
System Program under § 16–404.1 of this subtitle.

                (4) THE ADMINISTRATION MAY ISSUE A RESTRICTIVE LICENSE FOR
THE PERIOD OF THE SUSPENSION AND ANY ADDITIONAL TIME REQUIRED UNDER §
16–404.2 OF THIS SUBTITLE TO AN INDIVIDUAL WHO PARTICIPATES ELECTS TO
PARTICIPATE PARTICIPATES IN THE ADMINISTRATION’S INTELLIGENT SPEED
ASSISTANCE SYSTEM PILOT PROGRAM UNDER § 16–404.2 OF THIS SUBTITLE.

                [(4)] (5) This subsection does not limit the authority of the
Administration to issue a restrictive license or modify a suspension imposed under this
subsection.

16–404.2.

        (A) (1) IN THIS SECTION THE FOLLOWING WORDS HAVE THE MEANINGS
INDICATED.

                (2) “APPROVED SERVICE PROVIDER” MEANS A PERSON WHO IS
CERTIFIED BY:

                         (I) THE ADMINISTRATION TO SERVICE, INSTALL, MONITOR,
CALIBRATE, TUNE, AND PROVIDE INFORMATION ON INTELLIGENT SPEED
ASSISTANCE SYSTEMS; AND

                         (II) A MANUFACTURER TO BE QUALIFIED TO SERVICE, INSTALL,
MONITOR, CALIBRATE, TUNE, AND PROVIDE INFORMATION ON INTELLIGENT SPEED
ASSISTANCE SYSTEMS.

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                       WES MOORE, Governor          Ch. 870

                (3) “INTELLIGENT SPEED ASSISTANCE SYSTEM” MEANS AN

AFTERMARKET DEVICE THAT DETERMINES THE APPLICABLE SPEED LIMIT AND
ACTIVELY PREVENTS A MOTOR VEHICLE FROM EXCEEDING THE APPLICABLE SPEED

LIMIT.

                (4) “MANUFACTURER” MEANS A PERSON THAT MANUFACTURES OR
DISTRIBUTES INTELLIGENT SPEED ASSISTANCE SYSTEMS.

(4) (5)  “PARTICIPANT” MEANS A PARTICIPANT IN THE

INTELLIGENT SPEED ASSISTANCE SYSTEM PILOT PROGRAM.

(5) (6)  “PROGRAM” MEANS THE INTELLIGENT SPEED ASSISTANCE

SYSTEM PILOT PROGRAM.

        (B) (1) THE ON OR BEFORE OCTOBER 1, 2027, THE ADMINISTRATION
SHALL ESTABLISH AN INTELLIGENT SPEED ASSISTANCE SYSTEM PILOT PROGRAM
IN ACCORDANCE WITH THIS SECTION.

                (2) (I) THE ADMINISTRATION SHALL ESTABLISH A PROTOCOL FOR
THE PROGRAM THROUGH THE ADOPTION OF REGULATIONS THAT REQUIRE CERTAIN
MINIMUM STANDARDS FOR ALL SERVICE PROVIDERS WHO SERVICE, INSTALL,
MONITOR, CALIBRATE, TUNE, AND PROVIDE INFORMATION ON INTELLIGENT SPEED
ASSISTANCE SYSTEMS.

(II) THE REGULATIONS SHALL REQUIRE THAT:

                                 1. A SERVICE PROVIDER WHO APPLIES TO THE
ADMINISTRATION FOR CERTIFICATION AS AN APPROVED SERVICE PROVIDER
DEMONSTRATE THAT THE SERVICE PROVIDER IS ABLE TO COMPETENTLY SERVICE,
INSTALL, MONITOR, CALIBRATE, TUNE, AND PROVIDE INFORMATION TO THE
ADMINISTRATION AT LEAST EVERY 30 DAYS ON INDIVIDUALS REQUIRED TO USE
INTELLIGENT SPEED ASSISTANCE SYSTEMS;

                                 2. A SERVICE PROVIDER WHO APPLIES TO THE
ADMINISTRATION FOR CERTIFICATION AS AN APPROVED SERVICE PROVIDER BE

CERTIFIED BY A SIGNED AFFIDAVIT FROM THE MANUFACTURER THAT THE SERVICE

PROVIDER HAS BEEN TRAINED BY AN AUTHORIZED MANUFACTURER AND THAT THE

SERVICE PROVIDER IS COMPETENT TO SERVICE, INSTALL, MONITOR, CALIBRATE,
TUNE, AND PROVIDE INFORMATION ON INTELLIGENT SPEED ASSISTANCE SYSTEMS;

                                 3. APPROVED SERVICE PROVIDERS BE CONSIDERED TO
BE AUTHORIZED REPRESENTATIVES OF THE MANUFACTURER; AND

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                                 4. ANY SERVICE OF NOTICE ON AN APPROVED SERVICE

PROVIDER BE CONSIDERED TO BE SERVICE OF NOTICE ON THE MANUFACTURER

WHO CERTIFIED THE APPROVED SERVICE PROVIDER.

        (C) (1) AN INDIVIDUAL SHALL MAY SHALL BE A PARTICIPANT IF THE

INDIVIDUAL HAS ACCUMULATED POINTS IN AN AMOUNT THAT WOULD RESULT IN

SUSPENSION OR REVOCATION OF A THE INDIVIDUAL’S DRIVER’S LICENSE UNDER §
16–404 OF THIS SUBTITLE DUE TO ANY COMBINATION OF VIOLATIONS OF:

              (I) § 16–402(A)(3) OF THIS SUBTITLE;

              (II) § 16–402(A)(17) OF THIS SUBTITLE;

              (III) § 16–402(A)(24) OF THIS SUBTITLE;

              (IV) § 16–402(A)(27) OF THIS SUBTITLE;

              (V) § 16–402(A)(33) OF THIS SUBTITLE; OR

                         (VI) § 16–402(A)(45) OF THIS SUBTITLE A COMBINATION OF
VIOLATIONS FOR EXCEEDING THE POSTED SPEED LIMIT UNDER TITLE 21, SUBTITLE
8 OF THIS ARTICLE, RECKLESS DRIVING UNDER § 21–901.1(A)(3) OF THIS ARTICLE,
OR PARTICIPATING IN A RACE OR SPEED CONTEST UNDER § 21–1116 OF THIS
ARTICLE.

                (2) AN INDIVIDUAL WHO PARTICIPATES IN THE PROGRAM SHALL BE
A PARTICIPANT FOR 1 YEAR:

              (I) FOR A FIRST SUSPENSION AS DESCRIBED IN THIS SECTION,

90 DAYS;

                         (II) FOR A SECOND OR SUBSEQUENT SUSPENSION AS
DESCRIBED IN THIS SECTION, 180 DAYS; AND

              (III) FOR A REVOCATION AS DESCRIBED IN THIS SECTION, 1

YEAR 1 YEAR.

                (3) IF AN INDIVIDUAL IS SUBJECT TO THIS SUBSECTION ELECTS TO
PARTICIPATE IN THE PROGRAM IS SUBJECT TO THIS SUBSECTION AND FAILS TO
PARTICIPATE IN THE PROGRAM OR SUCCESSFULLY COMPLETE THE PROGRAM, THE
ADMINISTRATION SHALL SUSPEND, NOTWITHSTANDING § 16–208 OF THIS TITLE,
THE INDIVIDUAL’S DRIVER’S LICENSE UNTIL THE INDIVIDUAL SUCCESSFULLY

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WES MOORE, Governor  Ch. 870

COMPLETES THE PROGRAM IN ACCORDANCE WITH § 16–404 OF THIS SUBTITLE
UNTIL THE INDIVIDUAL SUCCESSFULLY COMPLETES THE PROGRAM.

        (D) (1) THE ADMINISTRATION SHALL:

                         (I) MODIFY A SUSPENSION AND ISSUE A RESTRICTIVE
DRIVER’S LICENSE REQUIRING THE USE OF AN INTELLIGENT SPEED ASSISTANCE
SYSTEM FOR THE DURATION OF PROGRAM PARTICIPATION TO A PARTICIPANT WHO
IS OTHERWISE ELIGIBLE FOR THE LICENSE; AND

                         (II) REINSTATE THE DRIVER’S LICENSE, SUBJECT TO A

RESTRICTION REQUIRING THE USE OF AN INTELLIGENT SPEED ASSISTANCE SYSTEM

FOR THE DURATION OF PROGRAM PARTICIPATION, OF A PARTICIPANT WHOSE
DRIVER’S LICENSE HAS BEEN REVOKED.

                (2) A NOTICE OF SUSPENSION OR REVOCATION OF A DRIVER’S
LICENSE AS DESCRIBED IN SUBSECTION (C) OF THIS SECTION SENT TO AN
INDIVIDUAL SHALL INCLUDE INFORMATION ABOUT THE PROGRAM AND HOW
INDIVIDUALS MAY PARTICIPATE IN THE PROGRAM.

                (3) THE ADMINISTRATION SHALL ESTABLISH A FEE FOR
PARTICIPATION IN THE PROGRAM THAT IS SUFFICIENT TO COVER THE COSTS OF
THE PROGRAM.

        (E) A PARTICIPANT MAY NOT OPERATE A MOTOR VEHICLE IN VIOLATION OF
THE REQUIREMENTS OF THE PROGRAM.

        (F) A PARTICIPANT IS CONSIDERED TO HAVE BEGUN PARTICIPATION IN THE
PROGRAM ON THE DAY THE INTELLIGENT SPEED ASSISTANCE SYSTEM IS INSTALLED
IN THE PARTICIPANT’S MOTOR VEHICLE.

        (G) (1) AN INDIVIDUAL REQUIRED TO USE AN INTELLIGENT SPEED
ASSISTANCE SYSTEM UNDER THIS SECTION:

                         (I) SHALL BE MONITORED BY THE ADMINISTRATION; AND

                         (II) EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS
SUBSECTION, SHALL PAY THE FEE REQUIRED BY THE ADMINISTRATION UNDER
SUBSECTION (D)(3) OF THIS SECTION.

                (2) THE ADMINISTRATION SHALL WAIVE THE FEE REQUIRED UNDER
THIS SUBSECTION FOR AN INDIVIDUAL WHO IS INDIGENT.

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        (H) IF AN INDIVIDUAL COMPLETES THE PROGRAM AND THE INDIVIDUAL’S
LICENSE IS NOT REFUSED, REVOKED, SUSPENDED, OR CANCELED UNDER ANOTHER
PROVISION OF THIS ARTICLE, THE ADMINISTRATION SHALL REINSTATE THE
INDIVIDUAL’S DRIVER’S LICENSE OR ISSUE IMMEDIATELY A DRIVER’S LICENSE TO
THE INDIVIDUAL, AS APPROPRIATE.

        (I) (1) IF THE ADMINISTRATION REMOVES AN INDIVIDUAL FROM THE
PROGRAM BECAUSE THE INDIVIDUAL VIOLATED A REQUIREMENT OF THE
PROGRAM, THE ADMINISTRATION MAY ALLOW THE INDIVIDUAL TO REENTER THE
PROGRAM AFTER A PERIOD OF 30 10 DAYS FROM THE DATE OF REMOVAL.

                (2) IF AN INDIVIDUAL REENTERS THE PROGRAM UNDER THIS
SUBSECTION, THE INDIVIDUAL SHALL PARTICIPATE IN THE PROGRAM FOR 3

MONTHS IN ADDITION TO THE PERIOD OF TIME THAT WAS NECESSARY FOR

SUCCESSFUL COMPLETION OF THE PROGRAM AT THE TIME THE INDIVIDUAL WAS
REMOVED FROM THE PROGRAM.

        (J) (1) SUBJECT TO PARAGRAPHS (3) AND (4) OF THIS SUBSECTION, THE
ADMINISTRATION OR A VENDOR CONTRACTED BY THE ADMINISTRATION MAY SHARE
DATA COLLECTED UNDER THIS SECTION ONLY:

          (I) WHEN REQUIRED BY COURT ORDER;

          (II) AS REQUIRED BY STATE LAW;

                         (III) WITH THE DEPARTMENT OR A COURT WITH JURISDICTION
OVER A PROGRAM PARTICIPANT REGARDING A VIOLATION BY THE PARTICIPANT; OR

          (IV) FOR RESEARCH PURPOSES, IF THE DATA IS ANONYMIZED.

                (2) SUBJECT TO PARAGRAPHS (3) AND (4) OF THIS SUBSECTION, THE
ADMINISTRATION OR A VENDOR CONTRACTED BY THE ADMINISTRATION MAY
RETAIN DATA COLLECTED UNDER THIS SECTION ONLY TO:

                         (I) CONFIRM COMPLIANCE WITH PROGRAM REQUIREMENTS;

OR

          (II) EVALUATE OR IMPROVE THE EFFECTIVENESS OF THE

PROGRAM.

                (3) THE ADMINISTRATION OR ANY VENDOR CONTRACTED BY THE
ADMINISTRATION SHALL REMOVE FROM ITS RECORDS AND DESTROY ANY DATA
COLLECTED UNDER THIS SECTION WITHIN 30 DAYS AFTER COLLECTING THE DATA.

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                                WES MOORE, Governor    Ch. 870

                (4) DATA COLLECTED UNDER THIS SECTION MAY NOT BE SOLD FOR
ANY PURPOSE BY THE ADMINISTRATION OR A VENDOR CONTRACTED BY THE
ADMINISTRATION, INCLUDING THE SALE OF SUBSCRIPTIONS OR LICENSES TO
ACCESS DATA.

(J) (K)            (1) THE ADMINISTRATION SHALL ADOPT REGULATIONS TO

CARRY OUT THIS SECTION.

                (2) THE REGULATIONS ADOPTED UNDER THIS SUBSECTION SHALL

INCLUDE REQUIREMENTS FOR A PARTICIPANT TO OPERATE A MOTOR VEHICLE

EQUIPPED WITH AN INTELLIGENT SPEED ASSISTANCE SYSTEM IN A SAFE MANNER,
AS DETERMINED BY THE ADMINISTRATION.

         SECTION 2. AND BE IT FURTHER ENACTED, That the District Court shall
ensure that the fine schedule for certain violations of the Maryland Vehicle Law includes
separate entries for § 21–901.1(a)(1), (2), and (3) of the Transportation Article.

         SECTION 2. 3. AND BE IT FURTHER ENACTED, That, on or before December 30,
2029 2030, the Motor Vehicle Administration shall report to the Governor and, in
accordance with § 2–1257 of the State Government Article, the General Assembly on the
implementation of this Act, including:

                  (1) a description of the Intelligent Speed Assistance System Pilot Program;
and

(2) the number of individuals who:

                           (i)  were eligible to participate in the Pilot Program through
September 30, 2030;

                   (ii) participated in the Pilot Program through September 30, 2030;

                   (iii) participated as a result of:

                                    1. a first suspension as described in this Act of the
participant’s driver’s license;

                                    2. a second or subsequent suspension as described in this Act
of the participant’s driver’s license; and

                                3. a revocation as described in this Act of the participant’s

driver’s license;

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Ch. 870  2026 LAWS OF MARYLAND

                           (iv) 1. elected were required to participate in the Pilot Program
and failed to participate in the Pilot Program;

         2. failed to successfully complete the Pilot Program; and

         3. reentered the Pilot Program; and

         (v) successfully completed the Pilot Program through September 30,

2030.

         SECTION 3. 4. AND BE IT FURTHER ENACTED, That this Act shall take effect
October 1, 2026. It shall remain effective for a period of 3 4 years and 9 months and, at the
end of June 30, 2030 2031, this Act, with no further action required by the General
Assembly, shall be abrogated and of no further force and effect.

Enacted under Article II, § 17(c) of the Maryland Constitution, May 31, 2026.

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