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