(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.
(c) (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.
Structure Maryland Statutes
Title 22 - Vehicle Laws -- Equipment of Vehicles
Subtitle 2 - Lamps and Other Lighting Equipment
Section 22-201 - "Service Vehicles" Defined
Section 22-201.1 - When Lighted Lamps Are Required
Section 22-201.2 - Use of Headlights When Windshield Wipers Are Operated
Section 22-202 - Visibility Distance; Measuring Mounted Height of Lamps
Section 22-203 - Headlamps on Motor Vehicles and Motorcycles
Section 22-204 - Tail Lamps; Illumination of Rear Registration Plate
Section 22-206 - Stop Lamps and Turn Signals
Section 22-208 - Clearance, Identification, and Marker Lamps and Reflectors Required
Section 22-210 - Mounting of Reflectors, Clearance Lamps, and Side Marker Lamps
Section 22-212 - Obstructed Lamps Not Required to Be Lighted
Section 22-213 - Lamps, Reflectors, and Flags on Projecting or Extended Loads
Section 22-214 - Lamps on Parked Vehicles
Section 22-215 - Lamps on Farm Tractors and Farm Equipment
Section 22-215.1 - Rollback Vehicle Operated in Combination With Vehicle Being Towed
Section 22-216 - Lamps on Other Vehicles and Equipment
Section 22-217 - Spot Lamps, Fog Lamps, and Auxiliary Driving Lamps
Section 22-218 - Audible and Visual Signals on Vehicles
Section 22-218.1 - Rural Letter Carrier's Warning Device
Section 22-218.2 - Amber Lights on Tow Trucks, Escort, and Maintenance Vehicles
Section 22-219 - Signal Lamps and Signal Devices
Section 22-221 - Additional Lighting Equipment
Section 22-222 - Multiple-Beam Road-Lighting Equipment
Section 22-223 - Use of Multiple-Beam Road-Lighting Equipment
Section 22-225 - Alternate Road-Lighting Equipment
Section 22-226 - Number of Driving Lamps Required or Permitted
Section 22-227 - Special Restrictions on Lamps
Section 22-228 - Special Equipment on School Vehicles
Section 22-230 - Selling or Using Lamps or Equipment
Section 22-232 - Revocation of Certificate of Approval on Lighting Devices