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HOUSE DOCKET, NO. 2471 FILED ON: 1/19/2023
HOUSE . . . . . . . . . . . . . . . No. 3306
The Commonwealth of Massachusetts
_________________
PRESENTED BY:
Paul J. Donato
_________________
To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:
The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
An Act concerning the safety of school children embarking and disembarking school buses.
_______________
PETITION OF:
NAME:DISTRICT/ADDRESS :DATE ADDED:Paul J. Donato35th Middlesex1/19/2023 1 of 14
HOUSE DOCKET, NO. 2471 FILED ON: 1/19/2023
HOUSE . . . . . . . . . . . . . . . No. 3306
By Representative Donato of Medford, a petition (accompanied by bill, House, No. 3306) of
Paul J. Donato relative to the safety of school children embarking and disembarking school
buses. Transportation.
[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE HOUSE, NO. 3440 OF 2021-2022.]
The Commonwealth of Massachusetts
_______________
In the One Hundred and Ninety-Third General Court
(2023-2024)
_______________
An Act concerning the safety of school children embarking and disembarking school buses.
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
of the same, as follows:
1 SECTION 1. Section 14 of Chapter 90 of the General Laws is hereby amended by
2inserting after section 14B the following section:-
3 Section 14C. (a) In addition to other monitoring devices lawfully authorized to be
4installed in school buses and notwithstanding any general or special law to the contrary, any city
5or town within the Commonwealth is hereby authorized to install and operate live digital video
6school bus violation detection monitoring systems for purpose of enforcing violations against the
7owner of a motor vehicle whose vehicle failed to stop for a school bus when required to do so by
8the provisions of Section 14. Such systems shall be limited to monitor and detect violations of
9motorists failing to stop for a school bus. 2 of 14
10 (b) (1) As used in this section, the following words shall have the following meanings:
11“School bus violation detection monitoring system” a camera system that shall monitor and
12detect motor vehicles overtaking or passing school buses when said buses are stopped and
13displaying front and rear alternating flashing red signal lamps as provided in section seven B,
14and which has been stopped to allow pupils to alight from or board the same. It shall be a system
15with two or more camera sensors and computers that produce live digital and recorded video and
162 or more film or digital photographic still images of each motor vehicle at the time it is used or
17operated in a manner that is in violation of Section 14 of Chapter 90. “Stop arm traffic control
18sign” a stop sign mounted on a mechanical arm installed on a school bus which is deployed when
19a school bus is stopped to allow pupils to alight from or board the same and notify motorists
20when it they are required to stop and when they can proceed. “Violation” the failure of an
21operator of a motor vehicle to comply with the laws, codes, regulations, by-laws, ordinances,
22rules or other forms of legislation governing the traffic control requirements for school buses
23stopped to allow pupils to alight from or board same for which a school bus violation detection
24monitoring system is installed and in operation.
25 (2) All systems installed for use under this section shall produce an evidence file that
26includes a live visual image viewable remotely, a recorded image of the license plate and be able
27to record the date, time and location of the vehicle committing the violation. An affidavit shall be
28signed by a person trained to observe and detect such violations who witnesses the violation via
29live video provided by the school bus violation detection monitoring system.
30 (3) Recorded video images and still photographic images must record the rear of the
31motor vehicle, with at least 1 photographic image and one recorded video image clearly
32recording the motor vehicle immediately before the violation of the stop arm traffic control sign 3 of 14
33and at least 1 photographic image and one recorded video image recording the motor vehicle
34passing the stopped school bus with the stop arm traffic control sign deployed in violation of the
35stop arm traffic control sign. Additionally, at least 1 photographic image and 1 recorded video
36image must clearly identify the license plate of the motor vehicle.
37 (4) To the extent practicable, any school bus violation detection monitoring system shall
38use necessary technologies to ensure that photographs or recorded video images produced by the
39school bus violation detection monitoring system shall not include a frontal view photograph or
40video image of the motor vehicle that is in violation of the stop arm traffic control sign or images
41that identify the operator, the passengers, or the contents of the vehicle, but no notice of liability
42issued under this section shall be dismissed solely because a photograph or recorded video image
43allow for the identification of the operator, passengers, or contents of a vehicle as long as a
44reasonable effort has been made to comply with this paragraph.
45 (5) Any school bus installed with a school bus violation detection monitoring system
46shall post warning signage indicating the use of such system. The signage shall remain on each
47bus as long as a school bus violation detection monitoring system is in operation.
48 (6) A penalty imposed for a violation of this section shall not be considered a criminal
49conviction and shall not be considered a moving violation of the motor vehicle laws for the
50purpose of determining surcharges on motor vehicle premiums pursuant to Section113B of
51Chapter 175 although as provided in this section the violation shall be noted on the registered
52owner or owner’s driving record.
53 (7) The fines contained in this section and section 14 for a failure to stop for a school bus
54shall be applied whether the violation is detected through the use of a school bus mounted 4 of 14
55violation detection monitoring system or by a police officer on scene who issues a written
56citation to the operator of the motor vehicle. Pursuant to the provisions of Section 2 of Chapter
57280, all fines imposed for a violation of failing to stop for school bus in accordance with section
5814 that is detected by a school bus violation detection monitoring system or by a police officer
59who cites the operator in hand shall be paid over to the treasury of the city or town where the
60offense was committed.
61 (8) Wherever an agreement under this section is to take effect upon its acceptance by a
62municipality or district, or is to be effective in municipalities or districts accepting its provisions,
63this acceptance shall be, except as otherwise provided, in a municipality, by vote of the
64legislative body, subject to the charter of the municipality, or, in a district, by vote of the district
65at a district meeting. A city or town may enter into an agreement with a private vendor or
66manufacturer to provide a school bus violation detection monitoring system on each bus within
67its fleet whether owned or leased, up to and including the installation, operation and maintenance
68of such systems. Compensation paid to the manufacturer or vendor of the school bus violation
69detection monitoring system as authorized by this section shall not be based upon the revenue
70generated by the use of such systems. The compensation paid to the manufacturer or vendor of
71the equipment shall be based upon the value of the equipment installed and the recurring services
72provided in support of the school bus violation detection monitoring systems including
73processing of evidence files, cost of the technology provided and maintenance of such
74technology. Said agreement shall only become effective after consent by the affected local or
75regional school department, by vote of a majority of its governing school committee.
76 (9) A city or town shall provide reimbursement of expenses to the private vendor or
77manufacturer for the installation, operation and maintenance of the school bus violation detection 5 of 14
78monitoring systems in operation and acknowledged by an agreement between the private vendor
79and the school department that has adopted this section. Unless modified by an agreement with a
80city or town, reimbursement shall be made from ticket revenue proceeds incurred under this
81section only if received as currently allocated under the laws of the Commonwealth for said
82citations so as to eliminate any cost to the city or town for installation, operation and
83maintenance of the school bus violation detection monitoring systems in its municipality. Such
84reimbursement shall be made to the private vendor or manufacturer within 45 days following the
85submittal of request for cost reimbursement. Such reimbursement shall not exceed 50% of the
86ticket revenue proceeds in any preceding period. If such violations occur on highways or roads
87controlled by the Commonwealth, then reimbursement for installing, operating, and maintaining
88school bus violation detection systems shall be permitted from the Commonwealth to the private
89vendor from ticket proceeds pursuant to this section only.
90 (c) (1) An evidence file of the alleged violation and the signed affidavit shall be
91forwarded to a trained law enforcement officer in the jurisdiction who is trained to observe and
92detect a violation for failure to stop for a stopped school bus allowing pupils to alight or board
93the same. The officer shall issue a citation if he or she is satisfied that a violation was committed
94under section 14 and the vehicle committing such violation can be identified from its registration
95plate. A certificate, or a facsimile thereof sworn to or affirmed by a police officer or other law
96enforcement officer authorized to issue motor vehicle citations for violations of traffic laws,
97stating that based upon inspection of the evidence file produced by a school bus violation
98detection monitoring system, the vehicle was in violation of this section, shall be prima facie
99evidence of the facts contained therein. Any recorded video images or still photographic images
100produced by a school bus violation detection monitoring system evidencing the violation shall be 6 of 14
101available for inspection in any proceeding to adjudicate the liability for the violation adopted
102under this section.
103 A private vendor or manufacturer who has entered into an agreement with a city or town
104to provide a school bus violation detection monitoring system shall receive data access to the
105Registry of Motor Vehicles data base, for purposes of creating an evidence file and delivering the
106citation to the registered owner of the offending vehicle.
107 (2) In all prosecutions of civil traffic violations based on evidence obtained from a school
108bus violation detection monitoring system the registered owner of the motor vehicle shall be
109primarily responsible pursuant to the provisions of this chapter except as otherwise provided in
110this section. In the event the registered owner of the vehicle operated in violation of this chapter
111was not the operator of the vehicle at the time of the violation the registered owner of the vehicle
112shall either (a) assume liability for the violation by paying the fine or; (b) upon written receipt of
113the citation provide the issuing authority within 30 days of the date of issuance, the name,
114address and registration number {license plate}of the operator of the vehicle who was
115responsible along with a signed affidavit acknowledging such or; (c) defend the violation
116pursuant to the procedures established for traffic violations under this section. A vehicle owned
117or leased to a corporation that is identified by a school bus violation detection monitoring system
118under this section shall be primarily responsible for a violation pursuant to section 14 even if a
119person who normally operates the vehicle for the corporation denies that he or she was operating
120the vehicle at the time of the violation although no entry shall be made on the person’s driving
121record. (3) A penalty imposed may, if so provided in writing, be increased by up to 33 1/3% if
122the penalty remains unpaid in excess of 45 days after a citation has been issued consistent with 7 of 14
123the procedures established in this section and there has been no request for a hearing under
124paragraph (3) of subsection (d).
125 (d) (1) Upon the determination of a violation through the use of a school bus violation
126detection monitoring system, it shall be the duty of the chief of police of the city or town, or any
127designee of the chief, to issue the owner or owners of the vehicle a citation pursuant to the
128provisions of Chapter 90C. The citation shall require the owner or owners to pay the fine amount
129issued pursuant to section 14 or appear before the parking clerk not later than 30 days after the
130date the citation was sent under the procedures established pursuant to violations under this
131section. The citation shall be mailed to the address of the registered owner or owners as
132contained in the registry or in records of the Department of Motor Vehicles in the jurisdiction in
133which the vehicle is registered if other than the Commonwealth for any motor vehicle identified
134by the school bus violation detection monitoring system as evidence of a violation of this section.
135Citations shall be mailed by first class mail, post marked no later than 14 days after the date of
136the alleged violation, inclusive of Sundays and holidays. In the case of any motor vehicle
137registered under the laws of another state or country, if the address is unavailable, it shall be
138sufficient to mail the citation to the official in the state or country having charge of the
139registration of the motor vehicle. The citation shall be considered sufficient notice, and a
140certificate of the chief of police or the chief’s designee mailing the citation stating that it has
141been mailed in accordance with this section shall be deemed prima facie evidence thereof and
142shall be admissible in any judicial or administrative proceeding as to the facts contained therein.
143It shall be sufficient to commence a prosecution. The chief or the chief’s designee shall retain
144and safely preserve a copy of the Citation and shall at a time no later than the beginning of the
145next business day of the city or town after mailing to the owner or owners, deliver another copy 8 of 14
146to the parking clerk before whom the owner or owners have been notified to appear. The parking
147clerk shall maintain a docket of all such notices to appear. For purposes of this section, the date
148of issuance shall be the date of mailing. The police officer issuing the citation shall certify that
149the evidence obtained from the school bus violation detection monitoring system was sufficient
150to demonstrate a violation of section 14. Such certification shall be sufficient in all prosecutions
151pursuant to this section to justify the entry of a default judgment in all cases where the citation is
152not answered within the time period permitted under this section. The citation issued by the
153trained law enforcement officer in the jurisdiction shall contain but not be limited to the
154following information: (i) a citation for the violation, which shall include the name and address
155of the person or persons liable as an owner or owners of the motor vehicle for the violation of
156this section, the registration number and state of issuance of the registration number of the
157vehicle involved in the violation, the date, time and location of the violation, the specific
158violation charged, the amount of the penalty for the violation, and the date by which the penalty
159shall be paid; (ii) a copy of two or more still photographs, microphotographs, video or other
160recorded images showing the vehicle in violation of the stop arm traffic sign; (iii) a copy of the
161certificate or affidavit of the police officer under paragraph (1) of subsection (c); (iv) a statement
162that recorded video images and photographic images are evidence of a violation of section 14;
163(v) a schedule of fines for the violation as established by the Commonwealth; (vi) instructions
164for the return of the citation notice including but not limited to the following text:— “This notice
165and the required payment may be returned in person, by mail, or by a duly authorized agent. A
166hearing to contest liability may be obtained upon the written request of the registered owner.
167Failure to pay the penalty or to contest liability within 30 days of issuance of this notice is an
168admission of liability and may result in a default judgment being entered against the owner to 9 of 14
169whom the violation has been issued and/or non-renewal or suspension of the license to drive and
170the certificate of registration of the registered owner.”; (vii) an affidavit form approved by the
171parking clerk for the purpose of complying with paragraph (5);and (viii) a statement explaining
172the procedure to adjudicate the violation by mail under paragraph (6) .
173 (2) Any person notified to appear before the parking clerk, as provided in this section,
174may appear before the parking clerk, or his designee, and confess the offense charged, either
175personally or through a duly authorized agent or by mailing to the parking clerk the notice
176accompanied by the fine provided therein, such payment to be made only by postal note, money
177order or check made out to the parking clerk. Payment of the penalty established shall operate as
178a final disposition of the case.
179 (3) Except as expressly provided, all prosecutions based on evidence produced by a
180school bus violation detection monitoring system shall follow the procedures of this section.
181Notwithstanding the installation and use of a live digital video school bus violation detection
182monitoring system on a school bus, a trained police officer in whose presence of motorist failing
183to stop for a stopped school bus as required under section 14, may issue a citation at the scene to
184the operator of such vehicle for such violation pursuant to section 14. An owner of a vehicle shall
185not be liable for a citation as a result of a school bus violation detection monitoring system if the
186operator of the vehicle was cited directly by a police officer at the scene of the violation.
187 (4) Should any person notified to appear hereunder fail to appear and, if a penalty is
188provided hereunder, to pay the same, or if the person requests a hearing to contest liability, the
189parking clerk shall forthwith schedule the matter before a person referred to in this section as a
190hearing officer. The hearing officer shall be the parking clerk of the city or town in which the 10 of 14
191violation occurred or any other person or persons that the parking clerk may designate. Written
192notice of the date, time and place of the hearing shall be sent by first-class mail to the registered
193owner or owners. The hearing shall be informal, the rules of evidence shall not apply and the
194decision of the hearing officer shall be final subject to judicial review as provided by Section 14
195of Chapter 30A. Within 21 days of the hearing, the hearing officer shall send by first class mail
196to the registered owner or owners the decision of the hearing officer, including the reasons for
197the outcome.
198 (5) Any owner to whom a citation has been issued shall not be liable for a violation of
199this section (a) if the violation was necessary to allow the passage of an emergency vehicle; (b) if
200the violation was necessary in order to protect the property or person of another; (c) if the
201violation was incurred while participating in a funeral procession; (d) if the violation was
202incurred during a period of time in which the motor vehicle was reported to the police
203department of any state, city or town as having been stolen and had not been recovered before
204the time the violation occurred; (e) if the operator of the motor vehicle was operating the motor
205vehicle under a rental or lease agreement and the owner of the motor vehicle is a rental or leasing
206company; (f) if the operator of the motor vehicle was convicted of the underlying violation under
207a citation issued in accordance with Section 2 of Chapter 90C; (g) if the violation was necessary
208to comply with an order of a law enforcement officer or of a flagger directing traffic flow; or (h)
209if the vehicle was subject to the exceptions granted to an authorized emergency vehicle under
210Section 7B of Chapter 89. An owner disputing a violation under this subsection shall, within 30
211days of issuance of the notice, provide the parking clerk with an affidavit signed under the pains
212and penalties of perjury in a form approved by the parking clerk, as provided for in clause (vii)
213of paragraph (1) of this subsection stating (1) the reason for disputing the violation; (2) the full 11 of 14
214legal name and address of the owner of the motor vehicle; (3) the names and addresses of all
215witnesses supporting the owner’s defense and the specifics of their knowledge; and where
216applicable (4) the signed statements from witnesses. The affidavit shall be filed with the request
217for a hearing.
218 (6) Any person notified to appear before the parking clerk, as provided in this paragraph,
219may without waiving his right to a hearing before the parking clerk or hearing officer as provided
220by this subsection, and also without waiving judicial review under Section 14 of Chapter 30A,
221challenge the validity of the citation and receive a review and disposition of the violation from
222the parking clerk or a hearing officer by mail. The owner may, upon receipt of the citation, send
223a signed statement explaining his objections to the violation notice as well as signed statements
224from witnesses, police officers, government officials and any other relevant parties. Photographs,
225diagrams, maps and other documents may also be sent with the statements. Any statements or
226materials sent to the parking clerk for review shall have attached the person’s name and address
227as well as the citation number and the date of the violation. The parking clerk or hearing officer
228shall, within 21 days of receipt of this material, review the material and dismiss or uphold the
229violation and notify, by mail, the owner or owners of the disposition of the written review. If the
230outcome of the written review is adverse to the owner or owners, the parking clerk or hearing
231officer shall explain the reasons for the outcome on the notice. The review and disposition
232handled by mail shall be informal, the rules of evidence shall not apply, and the decision of the
233parking clerk or hearing officer based upon the written materials shall be final, unless the owner
234invokes the hearing provisions under this section or judicial review under Section 14 of Chapter
23530A. 12 of 14
236 (7) If any person fails to appear before the hearing officer in accordance with the notice,
237or fails to receive a favorable adjudication of the hearing from a hearing officer and fails to pay
238the fine within 30 days of the date that the hearing officer has mailed notice of the decision of the
239hearing officer, the parking clerk shall notify the registrar of motor vehicles, who shall place the
240matter on record. Upon notification to the registrar of 2 or more citations under this section or
241section 14 from the parking clerk of the city or town, or state authorities or agencies, the registrar
242shall not issue or renew or may suspend the owner’s license to operate a motor vehicle or motor
243vehicle registration until after notification from the parking clerk of each city, agency or
244authority, from whom the registrar received notification, that all fines, taxes and penalties owed
245by the owner under this section have been disposed of in accordance with law. Upon such
246notification to the registrar, an additional charge of $20 payable to the registrar but collected by
247the city or town, and an additional charge of $20 payable to and collected by the city or town,
248shall be assessed against the registered owner of the motor vehicle. It shall be the duty of the
249parking clerk to notify the registrar forthwith that the case has been so disposed, but certified
250receipt of full and final payment from the parking clerk of the city or town, or state agency or
251authority issuing the violation shall also serve as legal notice to the registrar that the violation has
252been disposed of in accordance with law. The certified receipt shall be printed in a form
253approved by the registrar of motor vehicles.
254 (8) Upon the accumulation by an owner of 2 or more outstanding citations under this
255section or section 14 on account of violations of any statute, ordinance, order, rule or regulation
256relating to the operation, control or parking of motor vehicles in a particular city or town,
257notwithstanding any notification to the registrar, the parking clerk of the city or town may notify
258the chief of police or director of traffic and parking of the city or town that the vehicle bearing 13 of 14
259the registration to which the notices have been issued shall be removed and stored or otherwise
260immobilized by a mechanical device at the expense of the registered owner of the vehicle until
261all fines, taxes and penalties owed by the owner either under this section, or otherwise arising out
262of the parking or usage of the owner’s motor vehicle, have been disposed of in accordance with
263law. No vehicle shall be removed, stored, or otherwise immobilized unless the owner of the
264motor vehicle shall have received 10 days prior notification by mail that the motor vehicle may
265be removed, stored, or immobilized without further notification. It shall be sufficient for the
266parking clerk to mail, postage prepaid, the notification to the last known address of the registered
267owner. It shall be sufficient for the parking clerk, in the case of a motor vehicle registered in
268another state or country, to mail notification to the official in the state or country having charge
269of the registration of the motor vehicle.
270 (e)(1) Other than for purposes of enforcement of a violation of this section and section 14
271or for purposes of an owner defending a violation of this section, recorded video images and
272photographs taken or created under this section may only be obtained under an order by a court
273of competent jurisdiction.
274 (2) All recorded video images and other photographic information obtained through the
275use of school bus violation detection monitoring systems authorized in this section that do not
276identify a violation shall be destroyed by any city, town, school department or vendor within 30
277days of the date the image was recorded, unless otherwise ordered by a court of competent
278jurisdiction. All photographic and other recorded information that identifies a violation shall be
279destroyed within 1 year of final disposition of proceedings related to the enforcement or defense
280of a violation, unless otherwise ordered by a court of competent jurisdiction. Each city, town,
281school department, and vendor under agreement utilizing 1 or more school bus violation 14 of 14
282detection monitoring systems shall file notice attested under penalties of perjury annually within
28330 days of the close of the fiscal year with the secretary of state that these records have been
284destroyed in accordance with this paragraph. All recorded video, audio and other photographic
285information, however stored or retained, which is obtained through systems authorized in this
286section are the property of the municipality under agreement with a vendor and may not be used
287by a vendor for any other purposes; upon the expiration of any agreement authorized under this
288section, all of said video, audio, and/or other photographic information shall be delivered within
28930 days to the particular municipality unless otherwise ordered by a court of competent
290jurisdiction.
291 (3) The administrator of the school bus violation detection monitoring system within any
292city or town accepting this section shall also submit an annual report to the Massachusetts
293Department of Transportation regarding the use and operation of the monitoring system. This
294annual report shall contain data on the number of citations issued under this section at each
295particular intersection, and of those citations, shall detail the number paid without a request for a
296hearing; the number found responsible after a hearing; and the number dismissed after a hearing.
297In addition, the report shall also include the cost to maintain each said monitoring system and the
298amount of revenue obtained from each said monitoring system.