1. (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.
2. (b) A violation of this section is not considered a moving violation for purposes of § 16-402 of this article.

3. (c)

   1. (1) If a person is convicted under this section, the conviction may not:

      1. (i) Be considered evidence of negligence;
      2. (ii) Be considered evidence of contributory negligence;
      3. (iii) Limit liability of a party or an insurer; or
      4. (iv) Diminish recovery for damages arising out of the ownership, maintenance, or operation of a motor vehicle.
   2. (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. (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.
4. (d) A person who is convicted of a violation of subsection (a) of this section is subject to a fine not to exceed $25.
5. (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.

Added by Acts 1997, c. 175, § 1, eff. Oct. 1, 1997 and Acts 1997, c. 176, § 1, eff. Oct. 1, 1997. Amended by Acts 2017, c. 749, § 1, eff. July 1, 2017; Acts 2017, c. 750, § 1, eff. July 1, 2017.