§ 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.

HISTORY: 1997, chs. 175, 176.