Parking Enforcement - Vehicles in Custody or Control of Auto Repair or Storage Facility
Summary
HB1569 creates a new rule for parking citations issued while a vehicle is in the custody or control of an auto repair or storage facility. Under the bill, the registered owner of the vehicle is not liable for the citation, related fines, or late fees if the vehicle was in the facility’s possession under a repair order, service agreement, or other authorization from the owner. Instead, the auto repair or storage facility may be held liable, and parking enforcement agencies are authorized to reissue the citation directly to that facility when sufficient evidence shows the vehicle was in its custody or control.
The bill also gives the vehicle owner an affirmative defense in any proceeding over the citation. If the owner proves the vehicle was in the custody or control of an auto repair or storage facility at the time of the violation, the court must dismiss the citation against the owner and waive all fines and fees, even if the citation can be transferred to the facility. In addition, the bill prohibits auto repair or storage facilities from requiring customers to waive these rights as a condition of service, while preserving the general authority of parking enforcement agencies to enforce parking laws within their jurisdiction.
Impact
HB1569 adds Section 26-302.1 to the Transportation Article of the Maryland Code and shifts liability for certain parking citations away from registered vehicle owners and onto auto repair or storage facilities when the vehicle is in the facility’s custody or control. It creates a statutory defense for owners, authorizes reissuance of citations to facilities, and limits contractual waivers by repair or storage businesses. The act takes effect October 1, 2026, and affects parking enforcement practices, vehicle owners, auto repair shops, towing/storage operators, and local parking authorities.
Sentiment
The bill appears to have broad support in the House, passing third reading unanimously with 124 yeas and 0 nays. The committee report was favorable with amendments, suggesting the measure was generally accepted and may have been refined during committee review. No committee transcript was provided, so there is no recorded floor or hearing debate in the materials supplied.
Contention
The main policy issue is who should bear responsibility when a vehicle receives a parking citation while under the control of a repair or storage business. The bill resolves that question in favor of the registered owner by shielding the owner from liability, but it may create administrative or financial burdens for auto repair and storage facilities that are then responsible for the citation. Another potential point of contention is the prohibition on requiring customers to waive their rights, which limits business contract practices. No explicit opposition is shown in the voting record, but these are the likely areas of dispute.