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2 | 2 | | HOUSE DOCKET, NO. 1925 FILED ON: 1/18/2023 |
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3 | 3 | | HOUSE . . . . . . . . . . . . . . . No. 3336 |
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4 | 4 | | The Commonwealth of Massachusetts |
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5 | 5 | | _________________ |
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6 | 6 | | PRESENTED BY: |
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7 | 7 | | Kevin G. Honan |
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8 | 8 | | _________________ |
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9 | 9 | | To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General |
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10 | 10 | | Court assembled: |
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11 | 11 | | The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill: |
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12 | 12 | | An Act concerning the safety of children on school buses. |
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13 | 13 | | _______________ |
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14 | 14 | | PETITION OF: |
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15 | 15 | | NAME:DISTRICT/ADDRESS :DATE ADDED:Kevin G. Honan17th Suffolk1/18/2023Thomas P. Walsh12th Essex1/19/2023Patricia A. Haddad5th Bristol3/2/2023 1 of 14 |
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16 | 16 | | HOUSE DOCKET, NO. 1925 FILED ON: 1/18/2023 |
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17 | 17 | | HOUSE . . . . . . . . . . . . . . . No. 3336 |
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18 | 18 | | By Representative Honan of Boston, a petition (accompanied by bill, House, No. 3336) of Kevin |
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19 | 19 | | G. Honan, Thomas P. Walsh and Patricia A. Haddad relative to the safety of children on school |
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20 | 20 | | buses. Transportation. |
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21 | 21 | | The Commonwealth of Massachusetts |
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22 | 22 | | _______________ |
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23 | 23 | | In the One Hundred and Ninety-Third General Court |
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24 | 24 | | (2023-2024) |
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25 | 25 | | _______________ |
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26 | 26 | | An Act concerning the safety of children on school buses. |
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27 | 27 | | Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority |
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28 | 28 | | of the same, as follows: |
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29 | 29 | | 1 SECTION 1. Section 14 of Chapter 90 of the General Laws is hereby amended by |
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30 | 30 | | 2inserting after section 14B the following section:- |
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31 | 31 | | 3 Section 14C. (a) In addition to other monitoring devices lawfully authorized to be |
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32 | 32 | | 4installed in school buses and notwithstanding any general or special law to the contrary, any city |
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33 | 33 | | 5or town within the Commonwealth is hereby authorized to install and operate digital video |
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34 | 34 | | 6school bus violation detection monitoring systems for purpose of enforcing violations against the |
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35 | 35 | | 7owner of a motor vehicle whose vehicle failed to stop for a school bus when required to do so by |
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36 | 36 | | 8the provisions of Section 14. Such systems shall be limited to monitor and detect violations of |
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37 | 37 | | 9motorists failing to stop for a school bus. |
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38 | 38 | | 10 (b) (1) As used in this section, the following words shall have the following meanings: |
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39 | 39 | | 11 “School bus violation detection monitoring system”, a camera system that shall monitor |
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40 | 40 | | 12and detect motor vehicles overtaking or passing school buses when said buses are stopped and 2 of 14 |
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41 | 41 | | 13displaying front and rear alternating flashing red signal lamps as provided in section seven B, |
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42 | 42 | | 14and that has been stopped to allow pupils to alight from or board the same. It shall be a system |
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43 | 43 | | 15with two or more camera sensors and computers that produce digital and recorded video and 2 or |
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44 | 44 | | 16more film or digital photographic still images of each motor vehicle at the time it is used or |
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45 | 45 | | 17operated in a manner that is in violation of Section 14 of Chapter 90. |
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46 | 46 | | 18 “Stop arm traffic control sign”, a stop sign mounted on a mechanical arm installed on a |
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47 | 47 | | 19school bus that is deployed when a school bus is stopped to allow pupils to alight from or board |
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48 | 48 | | 20the same and notify motorists when they are required to stop and when they can proceed. |
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49 | 49 | | 21 “Violation”, the failure of an operator of a motor vehicle to comply with the laws, codes, |
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50 | 50 | | 22regulations, by-laws, ordinances, rules or other forms of legislation governing the traffic control |
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51 | 51 | | 23requirements for school buses stopped to allow pupils to alight from or board same for which a |
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52 | 52 | | 24school bus violation detection monitoring system is installed and is in operation. |
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53 | 53 | | 25 (2)All systems installed for use under this section shall produce an evidence file that |
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54 | 54 | | 26includes a visual image viewable remotely, a recorded image of the license plate and the capacity |
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55 | 55 | | 27to record the date, time and location of the vehicle committing the violation. A law enforcement |
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56 | 56 | | 28officer, or law enforcement’s approved technician, shall review the video and decide whether a |
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57 | 57 | | 29violation occurred. |
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58 | 58 | | 30 (3)Recorded video images and still photographic images must record the rear of the |
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59 | 59 | | 31motor vehicle, with at least 1 photographic image and 1 recorded video image clearly recording |
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60 | 60 | | 32the motor vehicle immediately before the violation of the stop arm traffic control sign and at |
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61 | 61 | | 33least 1 photographic image and 1 recorded video image recording the motor vehicle passing the |
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62 | 62 | | 34stopped school bus with the stop arm traffic control sign deployed in violation of the stop arm 3 of 14 |
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63 | 63 | | 35traffic control sign. Additionally, at least 1 photographic image and 1 recorded video image must |
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64 | 64 | | 36clearly identify the license plate of the motor vehicle. |
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65 | 65 | | 37 (4)Any school bus installed with a school bus violation detection monitoring system |
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66 | 66 | | 38shall post warning signage indicating the use of such system. The signage shall remain on each |
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67 | 67 | | 39bus as long as a school bus violation detection monitoring system is in operation. |
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68 | 68 | | 40 (5)A penalty imposed for a violation of this section shall not be considered a |
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69 | 69 | | 41criminal conviction and shall not be considered a moving violation of the motor vehicle laws for |
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70 | 70 | | 42the purpose of determining surcharges on motor vehicle premiums pursuant to Section113B of |
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71 | 71 | | 43Chapter 175 although as provided in this section the violation shall be noted on the registered |
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72 | 72 | | 44owner or owner’s driving record. |
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73 | 73 | | 45 (6)The fines contained in this section and section 14 for a failure to stop for a school |
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74 | 74 | | 46bus shall be applied whether the violation is detected through the use of a school bus mounted |
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75 | 75 | | 47violation detection monitoring system or by a police officer on scene who issues a written |
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76 | 76 | | 48citation to the operator of the motor vehicle. Pursuant to the provisions of Section 2 of Chapter |
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77 | 77 | | 49280, all fines imposed for a violation of failing to stop for school bus in accordance with section |
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78 | 78 | | 5014 that is detected by a school bus violation detection monitoring system or by a police officer |
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79 | 79 | | 51who cites the operator in hand shall be paid over to the treasury of the city or town where the |
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80 | 80 | | 52offense was committed. |
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81 | 81 | | 53 (7)Wherever an agreement under this section is to take effect upon its acceptance by |
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82 | 82 | | 54a municipality or district, or is to be effective in municipalities or districts accepting its |
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83 | 83 | | 55provisions, this acceptance shall be, except as otherwise provided, in a municipality, by vote of |
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84 | 84 | | 56the legislative body, subject to the charter of the municipality, or, in a district, by vote of the 4 of 14 |
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85 | 85 | | 57district at a district meeting. A city or town may enter into an agreement with a private vendor or |
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86 | 86 | | 58manufacturer to provide a school bus violation detection monitoring system on each bus within |
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87 | 87 | | 59its fleet whether owned or leased, up to and including the installation, operation and maintenance |
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88 | 88 | | 60of such systems. The compensation paid to the manufacturer or vendor of the equipment shall be |
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89 | 89 | | 61based upon the value of the equipment installed and the recurring services provided in support of |
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90 | 90 | | 62the school bus violation detection monitoring systems including processing of evidence files, |
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91 | 91 | | 63cost of the technology provided and maintenance of such technology. Said agreement shall only |
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92 | 92 | | 64become effective after consent by the affected local or regional school department, by vote of a |
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93 | 93 | | 65majority of its governing school committee. |
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94 | 94 | | 66 (8)A city or town shall provide reimbursement of expenses to the private vendor or |
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95 | 95 | | 67manufacturer for the installation, operation and maintenance of the school bus violation detection |
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96 | 96 | | 68monitoring systems in operation and acknowledged by an agreement between the private vendor |
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97 | 97 | | 69and the school department that has adopted this section. Unless modified by an agreement with a |
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98 | 98 | | 70city or town, reimbursement shall be made from ticket revenue proceeds incurred under this |
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99 | 99 | | 71section only if received as currently allocated under the laws of the Commonwealth for said |
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100 | 100 | | 72citations so as to eliminate any cost to the city or town for installation, operation and |
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101 | 101 | | 73maintenance of the school bus violation detection monitoring systems in its municipality. Such |
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102 | 102 | | 74reimbursement shall be made to the private vendor or manufacturer within 45 days following the |
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103 | 103 | | 75submittal of request for cost reimbursement. If such violations occur on highways or roads |
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104 | 104 | | 76controlled by the Commonwealth, then reimbursement for installing, operating, and maintaining |
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105 | 105 | | 77school bus violation detection systems shall be permitted from the Commonwealth to the private |
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106 | 106 | | 78vendor from ticket proceeds pursuant to this section only. 5 of 14 |
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107 | 107 | | 79 (c)(1) After signing a contract with a school district or municipality, the vendor may |
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108 | 108 | | 80obtain limited access to the RMV for the sole purpose of facilitating the mounting of evidence |
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109 | 109 | | 81for the Commonwealth Police Departments by obtaining the following information: The name, |
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110 | 110 | | 82the address, the model and the year of the owner of the vehicle who committed the offense. The |
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111 | 111 | | 83vendor will have to apply a strict security protocol for the data protection obtained. Among the |
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112 | 112 | | 84obligations of the vendor, must keep up to date every 6 months, a background check of all |
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113 | 113 | | 85employees with who access the information, secure with controlled access to the editing room of |
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114 | 114 | | 86the evidence and maintain encrypted data transmission networks. The vendor must provide an |
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115 | 115 | | 87audit by an independent agency on the tracking of these protocols annually and provided it to the |
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116 | 116 | | 88Commonwealth Committee of Transportation. Failure to comply with this article will result in |
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117 | 117 | | 89immediate suspension of access to the RMV for a period of 12 months. |
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118 | 118 | | 90 (2)An evidence file of the alleged violation and the signed affidavit shall be |
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119 | 119 | | 91forwarded to a trained law enforcement officer in the jurisdiction who is trained to observe and |
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120 | 120 | | 92detect a violation for failure to stop for a stopped school bus allowing pupils to alight or board |
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121 | 121 | | 93the same. The officer shall issue a citation if he or she is satisfied that a violation was committed |
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122 | 122 | | 94under section 14 and the vehicle committing such violation can be identified from its registration |
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123 | 123 | | 95plate. A certificate, or a facsimile thereof sworn to or affirmed by a police officer or other law |
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124 | 124 | | 96enforcement officer authorized to issue motor vehicle citations for violations of traffic laws, |
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125 | 125 | | 97stating that based upon inspection of the evidence file produced by a school bus violation |
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126 | 126 | | 98detection monitoring system, the vehicle was in violation of this section, shall be prima facie |
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127 | 127 | | 99evidence of the facts contained therein. Any recorded video images or still photographic images |
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128 | 128 | | 100produced by a school bus violation detection monitoring system evidencing the violation shall be 6 of 14 |
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129 | 129 | | 101available for inspection in any proceeding to adjudicate the liability for the violation adopted |
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130 | 130 | | 102under this section. |
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131 | 131 | | 103 (3)In all prosecutions of civil traffic violations based on evidence obtained from a |
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132 | 132 | | 104school bus violation detection monitoring system the registered owner of the motor vehicle shall |
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133 | 133 | | 105be primarily responsible pursuant to the provisions of this chapter except as otherwise provided |
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134 | 134 | | 106in this section. In the event the registered owner of the vehicle operated in violation of this |
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135 | 135 | | 107chapter was not the operator of the vehicle at the time of the violation the registered owner of the |
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136 | 136 | | 108vehicle shall (i) assume liability for the violation by paying the fine; (ii) upon written receipt of |
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137 | 137 | | 109the citation, provide the issuing authority within 30 days of the date of issuance, the name, |
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138 | 138 | | 110address, registration number and license plate of the operator of the vehicle who was responsible |
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139 | 139 | | 111along with a signed affidavit acknowledging such; or (iii) defend the violation pursuant to the |
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140 | 140 | | 112procedures established for traffic violations under this section. A vehicle owned or leased to a |
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141 | 141 | | 113corporation that is identified by a school bus violation detection monitoring system under this |
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142 | 142 | | 114section shall be primarily responsible for a violation pursuant to section 14 even if a person who |
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143 | 143 | | 115normally operates the vehicle for the corporation denies that he or she were operating the vehicle |
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144 | 144 | | 116at the time of the violation although no entry shall be made on the person’s driving record. |
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145 | 145 | | 117 (4)A penalty imposed may, if so provided in writing, be increased by up to 33 1/3% |
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146 | 146 | | 118if the penalty remains unpaid in excess of 45 days after a citation has been issued consistent with |
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147 | 147 | | 119the procedures established in this section and there has been no request for a hearing under |
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148 | 148 | | 120paragraph (3) of subsection (d). |
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149 | 149 | | 121 (d)(1) Upon the determination of a violation through the use of a school bus violation |
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150 | 150 | | 122detection monitoring system, it shall be the duty of the chief of police of the city or town, or any 7 of 14 |
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151 | 151 | | 123designee of the chief, to issue the owner or owners of the vehicle a citation pursuant to the |
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152 | 152 | | 124provisions of Chapter 90C. The citation shall require the owner or owners to pay the fine amount |
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153 | 153 | | 125issued pursuant to section 14 or appear before the parking clerk not later than 30 days after the |
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154 | 154 | | 126date the citation was sent under the procedures established pursuant to violations under this |
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155 | 155 | | 127section. The citation shall be mailed to the address of the registered owner or owners as |
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156 | 156 | | 128contained in the registry or in records of the Department of Motor Vehicles in the jurisdiction in |
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157 | 157 | | 129which the vehicle is registered if other than the Commonwealth for any motor vehicle identified |
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158 | 158 | | 130by the school bus violation detection monitoring system as evidence of a violation of this section. |
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159 | 159 | | 131Citations shall be mailed by first class mail, postmarked no later than 14 days after the date of |
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160 | 160 | | 132the alleged violation, inclusive of Sundays and holidays. In the case of any motor vehicle |
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161 | 161 | | 133registered under the laws of another state or country, if the address is unavailable, it shall be |
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162 | 162 | | 134sufficient to mail the citation to the official in the state or country having charge of the |
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163 | 163 | | 135registration of the motor vehicle. The citation shall be considered sufficient notice, and a |
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164 | 164 | | 136certificate of the chief of police or the chief’s designee mailing the citation stating that it has |
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165 | 165 | | 137been mailed in accordance with this section shall be deemed prima facie evidence thereof and |
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166 | 166 | | 138shall be admissible in any judicial or administrative proceeding as to the facts contained therein. |
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167 | 167 | | 139The citation shall be sufficient to commence a prosecution. The chief or the chief’s designee |
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168 | 168 | | 140shall retain and safely preserve a copy of the citation and shall at a time no later than the |
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169 | 169 | | 141beginning of the next business day of the city or town after mailing to the owner or owners, |
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170 | 170 | | 142deliver another copy to the parking clerk before whom the owner or owners have been notified to |
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171 | 171 | | 143appear. The parking clerk shall maintain a docket of all such notices to appear. For purposes of |
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172 | 172 | | 144this section, the date of issuance shall be the date of mailing. The police officer issuing the |
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173 | 173 | | 145citation shall certify that the evidence obtained from the school bus violation detection 8 of 14 |
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174 | 174 | | 146monitoring system was sufficient to demonstrate a violation of section 14. Such certification |
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175 | 175 | | 147shall be sufficient in all prosecutions pursuant to this section to justify the entry of a default |
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176 | 176 | | 148judgment in all cases where the citation is not answered within the time period permitted under |
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177 | 177 | | 149this section. The citation issued by the trained law enforcement officer in the jurisdiction shall |
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178 | 178 | | 150contain but not be limited to the following information: (i) a citation for the violation, which |
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179 | 179 | | 151shall include the name and address of the person or persons liable as an owner or owners of the |
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180 | 180 | | 152motor vehicle for the violation of this section, the registration number and state of issuance of the |
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181 | 181 | | 153registration number of the vehicle involved in the violation, the date, time and location of the |
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182 | 182 | | 154violation, the specific violation charged, the amount of the penalty for the violation, and the date |
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183 | 183 | | 155by which the penalty shall be paid; (ii) a copy of two or more still photographs, |
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184 | 184 | | 156microphotographs, video or other recorded images showing the vehicle in violation of the stop |
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185 | 185 | | 157arm traffic sign; (iii) a copy of the certificate or affidavit of the police officer under paragraph (1) |
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186 | 186 | | 158of subsection (c); (iv) a statement that recorded video images and photographic images are |
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187 | 187 | | 159evidence of a violation of section 14; (v) a schedule of fines for the violation as established by |
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188 | 188 | | 160the Commonwealth; (vi) instructions for the return of the citation notice including but not limited |
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189 | 189 | | 161to the following text:— “This notice and the required payment may be returned in person, by |
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190 | 190 | | 162mail, or by a duly authorized agent. A hearing to contest liability may be obtained upon the |
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191 | 191 | | 163written request of the registered owner. Failure to pay the penalty or to contest liability within 30 |
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192 | 192 | | 164days of issuance of this notice is an admission of liability and may result in a default judgment |
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193 | 193 | | 165being entered against the owner to whom the violation has been issued and/or non-renewal or |
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194 | 194 | | 166suspension of the license to drive and the certificate of registration of the registered owner.”; |
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195 | 195 | | 167(vii) an affidavit form approved by the parking clerk for the purpose of complying with 9 of 14 |
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196 | 196 | | 168paragraph (5); and (viii) a statement explaining the procedure to adjudicate the violation by mail |
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197 | 197 | | 169under paragraph (6). |
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198 | 198 | | 170 (2)Any person notified to appear before the parking clerk, as provided in this section, |
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199 | 199 | | 171may appear before the parking clerk, or his designee, and confess the offense charged, either |
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200 | 200 | | 172personally or through a duly authorized agent or by mailing to the parking clerk the notice |
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201 | 201 | | 173accompanied by the fine provided therein, such payment to be made only by postal note, money |
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202 | 202 | | 174order or check made out to the parking clerk. Payment of the penalty established shall operate as |
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203 | 203 | | 175a final disposition of the case. |
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204 | 204 | | 176 (3)Except as expressly provided, all prosecutions based on evidence produced by a |
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205 | 205 | | 177school bus violation detection monitoring system shall follow the procedures of this section. |
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206 | 206 | | 178Notwithstanding the installation and use of a digital video school bus violation detection |
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207 | 207 | | 179monitoring system on a school bus, a trained police officer in whose presence of motorist failing |
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208 | 208 | | 180to stop for a stopped school bus as required under section 14, may issue a citation at the scene to |
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209 | 209 | | 181the operator of such vehicle for such violation pursuant to section 14. An owner of a vehicle shall |
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210 | 210 | | 182not be liable for a citation as a result of a school bus violation detection monitoring system if the |
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211 | 211 | | 183operator of the vehicle were cited directly by a police officer at the scene of the violation. |
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212 | 212 | | 184 (4)Should any person notified to appear hereunder fail to appear and, if a penalty is |
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213 | 213 | | 185provided hereunder, to pay the same, or if the person requests a hearing to contest liability, the |
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214 | 214 | | 186parking clerk shall forthwith schedule the matter before a person referred to in this section as a |
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215 | 215 | | 187hearing officer. The hearing officer shall be the parking clerk of the city or town in which the |
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216 | 216 | | 188violation occurred or any other person or persons that the parking clerk may designate. Written |
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217 | 217 | | 189notice of the date, time and place of the hearing shall be sent by first-class mail to the registered 10 of 14 |
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218 | 218 | | 190owner or owners. The hearing shall be informal, the rules of evidence shall not apply and the |
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219 | 219 | | 191decision of the hearing officer shall be final subject to judicial review as provided by Section 14 |
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220 | 220 | | 192of Chapter 30A. Within 21 days of the hearing, the hearing officer shall send by first class mail |
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221 | 221 | | 193to the registered owner or owners the decision of the hearing officer, including the reasons for |
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222 | 222 | | 194the outcome. |
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223 | 223 | | 195 (5)Any owner to whom a citation has been issued shall not be liable for a violation of |
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224 | 224 | | 196this section: (a) if the violation were necessary to allow the passage of an emergency vehicle; (b) |
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225 | 225 | | 197if the violation were necessary in order to protect the property or person of another; (c) if the |
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226 | 226 | | 198violation were incurred while participating in a funeral procession; (d) if the violation were |
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227 | 227 | | 199incurred during a period of time in which the motor vehicle was reported to the police |
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228 | 228 | | 200department of any state, city or town as having been stolen and had not been recovered before |
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229 | 229 | | 201the time the violation occurred; (e) if the operator of the motor vehicle were operating the motor |
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230 | 230 | | 202vehicle under a rental or lease agreement and the owner of the motor vehicle is a rental or leasing |
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231 | 231 | | 203company; (f) if the operator of the motor vehicle were convicted of the underlying violation |
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232 | 232 | | 204under a citation issued in accordance with Section 2 of Chapter 90C; (g) if the violation were |
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233 | 233 | | 205necessary to comply with an order of a law enforcement officer or of a flagger directing traffic |
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234 | 234 | | 206flow; or (h) if the vehicle were subject to the exceptions granted to an authorized emergency |
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235 | 235 | | 207vehicle under Section 7B of Chapter 89. An owner disputing a violation under this subsection |
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236 | 236 | | 208shall, within 30 days of issuance of the notice, provide the parking clerk with an affidavit signed |
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237 | 237 | | 209under the pains and penalties of perjury in a form approved by the parking clerk, as provided for |
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238 | 238 | | 210in clause (vii) of paragraph (1) of this subsection stating (1) the reason for disputing the |
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239 | 239 | | 211violation; (2) the full legal name and address of the owner of the motor vehicle; (3) the names |
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240 | 240 | | 212and addresses of all witnesses supporting the owner’s defense and the 11 of 14 |
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241 | 241 | | 213 specifics of their knowledge; and (4) where applicable, the signed statements from |
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242 | 242 | | 214witnesses. The affidavit shall be filed with the request for a hearing. |
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243 | 243 | | 215 (6)Any person notified to appear before the parking clerk, as provided in this |
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244 | 244 | | 216paragraph, may without waiving his right to a hearing before the parking clerk or hearing officer |
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245 | 245 | | 217as provided by this subsection, and also without waiving judicial review under Section 14 of |
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246 | 246 | | 218Chapter 30A, challenge the validity of the citation and receive a review and disposition of the |
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247 | 247 | | 219violation from the parking clerk or a hearing officer by mail. The owner may, upon receipt of the |
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248 | 248 | | 220citation, send a signed statement explaining his objections to the violation notice as well as |
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249 | 249 | | 221signed statements from witnesses, police officers, government officials and any other relevant |
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250 | 250 | | 222parties. Photographs, diagrams, maps and other documents may also be sent with the statements. |
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251 | 251 | | 223Any statements or materials sent to the parking clerk for review shall have attached the person’s |
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252 | 252 | | 224name and address as well as the citation number and the date of the violation. The parking clerk |
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253 | 253 | | 225or hearing officer shall, within 21 days of receipt of this material, review the material and |
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254 | 254 | | 226dismiss or uphold the violation and notify, by mail, the owner or owners of the disposition of the |
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255 | 255 | | 227written review. If the outcome of the written review is adverse to the owner or owners, the |
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256 | 256 | | 228parking clerk or hearing officer shall explain the reasons for the outcome on the notice. The |
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257 | 257 | | 229review and disposition handled by mail shall be informal, the rules of evidence shall not apply, |
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258 | 258 | | 230and the decision of the parking clerk or hearing officer based upon the written materials shall be |
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259 | 259 | | 231final, unless the owner invokes the hearing provisions under this section or judicial review under |
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260 | 260 | | 232Section 14 of Chapter 30A. |
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261 | 261 | | 233 (7)If any person fails to appear before the hearing officer in accordance with the |
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262 | 262 | | 234notice, or fails to receive a favorable adjudication of the hearing from a hearing officer and fails |
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263 | 263 | | 235to pay the fine within 30 days of the date that the hearing officer has mailed notice of the 12 of 14 |
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264 | 264 | | 236decision of the hearing officer, the parking clerk shall notify the registrar of motor vehicles, who |
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265 | 265 | | 237shall place the matter on record. Upon notification to the registrar of 2 or more citations under |
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266 | 266 | | 238this section or section 14 from the parking clerk of the city or town, or state authorities or |
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267 | 267 | | 239agencies, the registrar shall not issue or renew or may suspend the owner’s license to operate a |
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268 | 268 | | 240motor vehicle or motor vehicle registration until after notification from the parking clerk of each |
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269 | 269 | | 241city, agency or authority, from whom the registrar received notification, that all fines, taxes and |
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270 | 270 | | 242penalties owed by the owner under this section have been disposed of in accordance with law. |
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271 | 271 | | 243Upon such notification to the registrar, an additional charge of $20 payable to the registrar but |
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272 | 272 | | 244collected by the city or town, and an additional charge of $20 payable to and collected by the city |
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273 | 273 | | 245or town, shall be assessed against the registered owner of the motor vehicle. The parking clerk |
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274 | 274 | | 246shall notify the registrar forthwith that the case has been so disposed, but certified receipt of full |
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275 | 275 | | 247and final payment from the parking clerk of the city or town, or state agency or authority issuing |
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276 | 276 | | 248the violation shall also serve as legal notice to the registrar that the violation has been disposed |
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277 | 277 | | 249of in accordance with law. The certified receipt shall be printed in a form approved by the |
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278 | 278 | | 250registrar of motor vehicles. |
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279 | 279 | | 251 (8)Upon the accumulation by an owner of 2 or more outstanding citations under this |
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280 | 280 | | 252section or section 14 on account of violations of any statute, ordinance, order, rule or regulation |
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281 | 281 | | 253relating to the operation, control or parking of motor vehicles in a particular city or town, |
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282 | 282 | | 254notwithstanding any notification to the registrar, the parking clerk of the city or town may notify |
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283 | 283 | | 255the chief of police or director of traffic and parking of the city or town that the vehicle bearing |
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284 | 284 | | 256the registration to which the notices have been issued shall be removed and stored or otherwise |
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285 | 285 | | 257immobilized by a mechanical device at the expense of the registered owner of the vehicle until |
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286 | 286 | | 258all fines, taxes and penalties owed by the owner either under this section, or otherwise arising out 13 of 14 |
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287 | 287 | | 259of the parking or usage of the owner’s motor vehicle, have been disposed of in accordance with |
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288 | 288 | | 260law. No vehicle shall be removed, stored, or otherwise immobilized unless the owner of the |
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289 | 289 | | 261motor vehicle shall have received 10 days prior notification by mail that the motor vehicle may |
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290 | 290 | | 262be removed, stored, or immobilized without further notification. It shall be sufficient for the |
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291 | 291 | | 263parking clerk to mail, postage prepaid, the notification to the last known address of the registered |
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292 | 292 | | 264owner. It shall be sufficient for the parking clerk, in the case of a motor vehicle registered in |
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293 | 293 | | 265another state or country, to mail notification to the official in the state or country having charge |
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294 | 294 | | 266of the registration of the motor vehicle. |
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295 | 295 | | 267 (e) (1) Other than for purposes of enforcement of a violation of this section and section |
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296 | 296 | | 26814 or for purposes of an owner defending a violation of this section, recorded video images and |
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297 | 297 | | 269photographs taken or created under this section may only be obtained under an order by a court |
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298 | 298 | | 270of competent jurisdiction. |
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299 | 299 | | 271 (2)All recorded video images and other photographic information obtained through |
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300 | 300 | | 272the use of school bus violation detection monitoring systems authorized in this section that do |
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301 | 301 | | 273not identify a violation shall be destroyed by any city, town, school department or vendor within |
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302 | 302 | | 27430 days of the date the image was recorded, unless otherwise ordered by a court of competent |
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303 | 303 | | 275jurisdiction. All photographic and other recorded information that identifies a violation shall be |
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304 | 304 | | 276destroyed within 1 year of final disposition of proceedings related to the enforcement or defense |
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305 | 305 | | 277of a violation, unless otherwise ordered by a court of competent jurisdiction. Each city, town, |
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306 | 306 | | 278school department, and vendor under agreement utilizing 1 or more school bus violation |
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307 | 307 | | 279detection monitoring systems shall file notice attested under penalties of perjury annually within |
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308 | 308 | | 28030 days of the close of the fiscal year with the secretary of state that these records have been |
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309 | 309 | | 281destroyed in accordance with this paragraph. All recorded video, audio and other photographic 14 of 14 |
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310 | 310 | | 282information, however stored or retained, which is obtained through systems authorized in this |
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311 | 311 | | 283section are the property of the municipality under agreement with a vendor and may not be used |
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312 | 312 | | 284by a vendor for any other purposes; upon the expiration of any agreement authorized under this |
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313 | 313 | | 285section, all of said video, audio, and/or other photographic information shall be delivered within |
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314 | 314 | | 28630 days to the particular municipality unless otherwise ordered by a court of competent |
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315 | 315 | | 287jurisdiction. |
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316 | 316 | | 288 (3)The administrator of the school bus violation detection monitoring system within |
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317 | 317 | | 289any city or town accepting this section shall also submit an annual report to the Massachusetts |
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318 | 318 | | 290Department of Transportation regarding the use and operation of the monitoring system. This |
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319 | 319 | | 291annual report shall contain data on the number of citations issued under this section at each |
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320 | 320 | | 292particular intersection, and of those citations, shall detail the number paid without a request for a |
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321 | 321 | | 293hearing; the number found responsible after a hearing; and the number dismissed after a hearing. |
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322 | 322 | | 294In addition, the report shall also include the cost to maintain each said monitoring system and the |
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323 | 323 | | 295amount of revenue obtained from each said monitoring system. |
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