JURISDICTION: MARYLAND

This chapter summarizes Maryland State statutes related to speed.

General Reference: Annotated Code of Maryland Most references are to the Transportation Article (Tran.)

Basis for a Speed Law Violation:

Basic Speed Rule: A person shall not operate a vehicle at a speed that, with regard to the actual and potential dangers existing, is more than that which is reasonable and prudent under the conditions. Tran. §21-801(a)

Statutory Speed Limit: 65 MPH is maximum speed limit which can be established on any

See Other below. highway. Tran. §21-801.1(e)(2)

55 MPH on (1) highways which are not interstate highways or expressways or (2) divided highways in other locations Tran. §21-801.1(b)(4) & (e)(1)

50 MPH on undivided highways except as noted below Tran. §21-801.1(b)(3)

35 MPH on divided highways in residential districts Tran. §21-801.1(b)(2)

30 MPH on highways in business districts or on undivided highways in residential districts Tran. §21-801.1(b)(1)

Posted (Maximum) Speed Limit: I. Based on engineering and traffic investigations, the State Highway Administration may alter the above speed limits. Such alterations may provide for different speed limits (1) at specified times of the day, for certain weather conditions, for various types of vehicles, and for other reasons concerned with highway safety. However, no speed limit shall be (1) >65 MPH on any highway or (2) >55 MPH on highways which are not interstate highways or expressways or divided highways in other locations. Tran. §§21-801.1(d) and (e)(1) & (2), 21-208

II. Based on engineering and traffic investigations, local governments⁽¹⁾ may establish posted speed limits.⁽²⁾ However, a speed of >50 MPH cannot be established in an urban district. In addition, a speed limit <25 MPH cannot be established outside an urban district. Tran. §21-803

III. The State Highway Administration, via a request by a local government, may establish a speed limit in a designated school zone which is within half-mile of the school.⁽³⁾ §21-803.1(a)

Minimum Speed Limit: A person shall not operate willfully operate a motor vehicle at such a slow speed as to impede the normal and reasonable movement of traffic. Tran. §21-804(a)

Basis for a Speed Law Violation:

(continued)

Posted (Minimum) Speed Limit: Based on engineering and traffic investigations, the State Highway Administration or a local government may establish a minimum speed limit on a highway or part thereof. Tran. §§21-804(b) & 21-1409

Other: I. Speed limits may be established for highway work zones. Tran. §21-802.1

II. A school bus, while carrying any passengers, cannot be operated at a speed >50 MPH. Tran. §21-806(a)

III. Following an investigation, the State Highway Administration may establish a maximum safe speed for any bridge or elevated structure. Tran. §21-806(b)

IV. Certain "dump trucks" when loaded cannot be operated at a speed >45 MPH. This restriction does not apply on divided highways with two or more lanes in each direction. Tran. §13-919(g)

Adjudication of Speed Law Violations:

Civil/Criminal Adjudication of Violation: All Speed Law Violations are Misdemeanors. Tran. §27-101(a)

Other:

Sanctions Following an Adjudication of a Speed Law Violation:

Criminal Sanctions:

Imprisonment:

Term (Day, Month, Years,

Etc.): None

Mandatory Minimum Term:

Fine:

Amount ($ Range): Not more than $500 Tran. §27-101(b)

Mandatory Min. Fine ($): None

Other Penalties:

Traffic School:

Other:

Licensing Action:

Type of Licensing Action

(Susp/Rev): Suspension or Revocation via a Point System⁽⁴⁾

Sanctions Following an Adjudication of a Speed Law Violation:

(continued)

Term of License Withdrawal

(Days, Months, Years, etc.): Not more than 2 years⁴

Mandatory Minimum Term of

Withdrawal: None If a suspension or revocation would adversely an offender's employment or opportunity for employment, such licensing action may be declined, canceled or modified. Tran. §16-405(a)

Miscellaneous Sanctions

Not Included Elsewhere:

Other Criminal Actions Related to Speeding:

Race or Speed Contest on a Highway: Misdemeanor Tran. §§21-1116(a) & 27-101(a)

Sanctions:

Criminal Sanction:

Imprisonment (Term): None

Mandatory Minimum Term:

Fine ($ Range): Not more than $500 Tran. §27-101(b)

Mandatory Minimum Fine: None

Administrative Licensing Action:

Licensing Authorized and

Type of Action: Suspension or Revocation via a Point System⁴

Length of Term of

Licensing Withdrawal: Not more than 2 years⁴

Mandatory Action--Minimum

Length of License

Other:

Reckless Driving: Misdemeanor⁽⁵⁾ Tran. §§21-901.1(a) & 27-101(a)

Sanction:

Criminal:

Imprisonment (Term): None

Mandatory Minimum Term

of Imprisonment:

Fine ($ Range): Not more than $500 Tran. §27-101(b)

Mandatory Minimum Fine: None

Administrative Licensing Actions:

Type of Licensing Action

(Susp/Rev): Suspension or Revocation via a Point System⁴

Other Criminal Actions Related to Speeding:

(continued)

Reckless Driving: (continued)

Length of Term of License

Withdrawal Action: Not more than 2 years⁴

Mandatory Term of License

Withdrawal Action: None If a suspension or revocation would adversely an offender's employment or opportunity for employment, such licensing action may be declined, canceled or modified. Tran. §16-405(a)

Other:

Negligent Driving: Misdemeanor⁽⁶⁾ Tran. §§21-901.1(b) & 27-101(a)

Sanction:

Criminal:

Imprisonment (Term): None

Mandatory Minimum Term

of Imprisonment:

Fine ($ Range): Not more than $500 Tran. §27-101(b)

Mandatory Minimum Fine: None

Administrative Licensing Actions:

Type of Licensing Action

(Susp/Rev): Suspension or Revocation via a Point System⁴

Length of Term of License

Withdrawal Action: Not more than 2 years⁴

Mandatory Term of License

Other:

Commercial Motor Vehicle (CMV) Operators⁽⁷⁾:

Grounds for Disqualification: A person is disqualified from operating a CMV if while driving such a vehicle they either (1) commit 2 "serious traffic violations"⁽⁸⁾ within a 3 year period or (2) commit 3 such violations within a 3 year period. Tran. §16-812(f) & (g)

Commercial Motor Vehicle (CMV) Operators⁷:

(continued)

Period of Disqualification: 2 serious violations (within 3 years)-60 days 3 serious violations (within 3 years)-120 days Tran. §16-812(f) & (g)

Period of Mandatory Disqualification: 2 serious violations (within 3 years)-60 days 3 serious violations (within 3 years)-120 days Tran. §16-812(f) & (g)

1. ¹County boards of education and university and college officials have the authority to establish speed limits on property within their jurisdiction. Tran. §21-803.2

2. ²With the exception of the City of Baltimore, the State Highway Administration must approve the alteration of a speed limit on a State highway by a local authority. Tran. §21-803(d)

3. ³Under other statutory authority, a municipality within a county may establish a speed limit of 15 MPH in school zones during school hours. Tran. §21-803(b)(2)

4. ⁴Point System. If a person accumulates 8 points (16 points if the offender is required to drive in the course of employment) or 12 points (19 points if the offender is required to drive in the course of employment) within 2 years, they are subject respectively to either a license suspension or revocation. Tran. §§16-404(a)(3) & 16-405(b) An initial suspension is from 2 to 30 days; a subsequent suspension is from 15 to 90 days. A person, who has had their license revoked, is subject to the following revocation periods: 6 months if it is the offender's first revocation; 1 year if it is the offender's second revocation; 18 months if it is the offender's third revocation; and, 2 years of it is the offender's fourth or subsequent revocation. Tran. §§16-208(b) The following points are assessed for speeding offenses and speed related law violations: Speeding >10 MPH over the posted speed limit-2 points; reckless driving-4 points; speeding >30 MPH over the posted speed limit-5 points; participating in a race or speed contest on a highway-5 points; exceeding the 65 MPH posted speed limit by >20 MPH-5 points; for any other traffic law (moving) violation not contributing to an accident-1 point; and, for any other traffic law (moving) violation contributing to an accident-3 points. Tran. §16-402(a)

5. ⁵"Reckless driving" is defined as operating a motor vehicle either (1) in a wanton or willful disregard for the safety of persons or property or (2) in a manner that indicates a wanton or willful disregard for the safety of persons or property. Tran. §21-901.1(a)

6. ⁶"Negligent driving" is defined as operating a motor vehicle in a careless or imprudent manner that endangers any property or the life or person of any individual. Tran. §21-901.1(b)

7. ⁷A person who has obtained a commercial driver's license (CDL) and is qualified to operate a commercial motor vehicle. A commercial motor vehicle is defined as a vehicle designed to carry either passengers or property and either has a gross vehicle weight of 26,001 lbs., is designed to transport 16 or more persons, or is transporting hazardous materials which requires that the vehicle to be placarded in accordance with U.S. Department of Transportation regulations. Tran. §11-109.1(a)

8. ⁸A "serious traffic violation" includes excessive speeding as defined by the U.S. Department of Transportation (exceeding the speed limit by 15 or more MPH) or reckless driving. Tran. §16-803(h)