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HOUSE DOCKET, NO. 3227 FILED ON: 1/20/2023
HOUSE . . . . . . . . . . . . . . . No. 3375
The Commonwealth of Massachusetts
_________________
PRESENTED BY:
John J. Mahoney
_________________
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 relative to school bus cameras.
_______________
PETITION OF:
NAME:DISTRICT/ADDRESS :DATE ADDED:John J. Mahoney13th Worcester1/19/2023 1 of 12
HOUSE DOCKET, NO. 3227 FILED ON: 1/20/2023
HOUSE . . . . . . . . . . . . . . . No. 3375
By Representative Mahoney of Worcester, a petition (accompanied by bill, House, No. 3375) of
John J. Mahoney that municipalities be authorized to install automated road safety camera
systems on school buses. Transportation.
The Commonwealth of Massachusetts
_______________
In the One Hundred and Ninety-Third General Court
(2023-2024)
_______________
An Act relative to school bus cameras.
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. The General Laws are hereby amended by inserting after chapter 90I the
2following chapter:-
3 CHAPTER 90J. AUTOMATED SCHOOL BUS ROAD SAFETY ENFORCEMENT
4 Section 1. As used in this chapter, the following words shall have the following meanings
5unless the context clearly requires otherwise:
6 “Automated road safety camera system”, an automated motor vehicle sensor device that
7produces digital photographs of a motor vehicle that commits a camera enforceable violation at
8the location where the automated motor vehicle sensor device is installed.
9 “Camera enforceable violation”, passing a school bus when its warning signals are
10activated in violation of section 14 of said chapter 90. 2 of 12
11 “Municipal designee”, the municipal entity designated by the city manager in a city with
12a Plan D or E form of government, the mayor in all other cities or the board of selectmen in a
13town to supervise and coordinate the administration of camera enforceable violations under this
14chapter.
15 “Registrar”, the registrar of motor vehicles.
16 Section 2. (a) A city or town that accepts this chapter may install an automated road
17safety camera system as a means of promoting traffic safety. The automated road safety camera
18system may be attached to a school bus; provided, however, that before equipping a school bus
19serving a regional school district with an automated road safety camera, each city or town
20member of the regional school district shall accept this chapter; provided, further, that each city
21council and mayor in a city or board of selectman in a town after a public hearing shall approve
22the number of road safety camera systems; provided further, that the city or town shall present at
23said public hearing the past 3 years of available data relative to accidents occurring near school
24buses and other relevant data that suggests the need for the implementation or expansion of an
25automated road safety camera system; provided further, that the city or town shall present at said
26public hearing data relative to the cost or proposed cost of the automated road safety camera
27system; and, provided further, that the city or town may impose a penalty for a camera
28enforceable violation on the registered owner of a motor vehicle pursuant to section 3.
29 (b) Annually, not later than December 1, a city or town that accepts this chapter shall
30transmit a report to the department of transportation that details each automated road safety
31camera system located in the city or town or proposed to be located in the city or town. The
32report shall include, but not be limited to: (i) a list of the number of school buses with an 3 of 12
33automated road safety camera system in the city or town and their storage location; (ii) the
34number of fines and warnings issued for camera enforceable violations pursuant to section 3; (iii)
35records of the maintenance and calibration of each automated road safety camera system; and
36(iv) data relative to accidents occurring near a school bus in the city or town. The department
37shall post all reports received pursuant to this section on its website; and (v) an analysis of the
38frequency of traffic stops by the city or town’s police force prior to and after the implementation
39of an automated road safety camera system.
40 Section 3. (a) The maximum fine imposed under this chapter for a camera enforceable
41violation shall be $25 per violation. Except as provided in section 4, the registered owner of a
42motor vehicle shall be liable for the fine; provided, however, that a registered owner of a motor
43vehicle shall not be liable for the fine imposed under this chapter for a camera enforceable
44violation if the operator of the motor vehicle was issued a citation for the violation in accordance
45with section 2 of chapter 90C. A city or town that accepts this chapter may send a written
46warning to the registered owner of a motor vehicle for the purposes of education in lieu of
47enforcement through a fine; provided, however, that a written warning shall only be issued
48pursuant to objective and consistent criteria in a written policy established by the municipal
49designee; provided further, that the department of transportation may provide guidance to the
50city or town on establishing such objective and consistent criteria.
51 (b) A certificate, or a facsimile thereof, based upon inspection of photographs and data
52produced by an automated road safety camera system and sworn to or affirmed by the municipal
53designee shall be prima facie evidence of the facts contained therein. 4 of 12
54 (c) A camera enforceable violation issued by a city or town under this chapter shall not
55be: (i) made part of the operating record of the person upon whom such liability is imposed; or
56(ii) a conviction of a moving violation of the motor vehicle laws for the purpose of determining a
57surcharge on a motor vehicle premium pursuant to section 113B of chapter 175.
58 (d) The municipal designee may hire and designate personnel as necessary or contract for
59services to implement this chapter.
60 (e) (1) The municipal designee shall provide a notice of violation to the registered owner
61of a motor vehicle that is identified in photographs of said motor vehicle produced by an
62automated road safety camera system as evidence of a camera enforceable violation pursuant to
63this chapter. The notice shall include, but not be limited to: (i) a copy of the photographs
64produced by the automated road safety camera system and any other data showing the vehicle in
65the process of a camera enforceable violation; (ii) the registration number and state of issuance
66of the vehicle; (iii) the date, time and location of the alleged camera enforceable violation; (iv)
67instructions for payment of the fine imposed pursuant to subsection (a); (v) instructions on how
68to appeal the camera enforceable violation in writing and to obtain a hearing; and (vi) an
69affidavit form approved by the municipal designee for the purposes of making a written appeal
70pursuant to subsection (h).
71 (2) In the case of a violation involving a motor vehicle registered in the commonwealth,
72the notice of violation shall be mailed within 14 days of the violation to the address of the
73registered owner of the motor vehicle as listed in the records of the registrar. If a motor vehicle is
74registered under the laws of another state or country, the notice of violation shall be mailed
75within 21 days of the violation to the address of the registered owner as listed in the records of 5 of 12
76the official in the state or country that has charge of the registration of the motor vehicle. If the
77address is unavailable, it shall be sufficient for the municipal designee to mail a notice of
78violation to the official in the state or country that has charge of the registration of the motor
79vehicle.
80 (3) The notice of violation shall be sent by first class mail in accordance with paragraph
81(2). A manual or automatic record of mailing processed by or on behalf of the municipal
82designee in the ordinary course of business shall be prima facie evidence thereof and shall be
83admitted as evidence in any judicial or administrative proceeding as to the facts contained
84therein.
85 (f) A registered owner of a motor vehicle shall not be liable for a camera enforceable
86violation under this chapter if the: (i) violation was necessary to allow the passage of an
87emergency vehicle; (ii) violation was incurred while participating in a funeral procession; (iii)
88violation was incurred during a period of time in which the motor vehicle was reported to the
89police department of any state, city or town as having been stolen and had not been recovered
90before the time the violation occurred; (iv) operator of the motor vehicle was operating the motor
91vehicle under a rental or lease agreement and the registered owner of the motor vehicle is a rental
92or leasing company and has complied with section 4; (v) operator of the motor vehicle was
93issued a citation for the violation in accordance with section 2 of chapter 90C; or (vi) violation
94was necessary to comply with any other law or regulation governing the operation of a motor
95vehicle.
96 (g) A registered owner of a motor vehicle to whom a notice of violation has been issued
97pursuant to this chapter may admit responsibility for the violation and pay the fine provided 6 of 12
98therein. Payment of the established fine shall operate as the final disposition of a camera
99enforceable violation; provided, however, that payment by a registered owner of a motor vehicle
100shall operate as the final disposition of the violation as to any other registered owner of the same
101motor vehicle for the same violation.
102 (h) Not more than 60 days after a camera enforceable violation under this chapter, a
103registered owner of a motor vehicle may contest responsibility for the violation in writing by
104mail or online. The registered owner shall provide the municipal designee with a signed affidavit,
105in a form approved by the municipal designee, stating the: (i) reason for disputing the violation;
106(ii) full legal name and address of the registered owner of the motor vehicle; and (iii) full legal
107name and address of the operator of the motor vehicle at the time the violation occurred. The
108registered owner may include signed statements from witnesses, including the names and
109addresses of witnesses, supporting the registered owner’s defense. Not more than 21 days after
110receipt of the signed affidavit, the municipal designee or the hearing officer shall send the
111decision of the hearing officer, including the reasons for the outcome, by first class mail to the
112registered owner. If the registered owner is found responsible for the violation, the registered
113owner shall pay the fine in the manner described in subsection (g) not more than 14 days after
114the issuance of the decision or request further judicial review pursuant to section 14 of chapter
11530A.
116 (i) In lieu of contesting responsibility for a violation in writing or online pursuant to
117subsection (h) and not more than 60 days after a violation under this chapter, a registered owner
118of the motor vehicle may request a hearing to contest responsibility for a camera enforceable
119violation. A hearing request shall be made in writing by mail or online. Upon receipt of a hearing
120request, the municipal designee shall schedule the matter before a hearing officer. The hearing 7 of 12
121officer may be an employee of the municipal designee or such other person as the municipal
122designee may designate. Written notice of the date, time and place of the hearing shall be sent by
123first class mail to each registered owner of the motor vehicle. The hearing shall be informal, the
124rules of evidence shall not apply and the decision of the hearing officer shall be final subject to
125judicial review pursuant to section 14 of chapter 30A. Not more than 21 days after the hearing,
126the municipal designee or the hearing officer shall send the decision of the hearing officer,
127including the reason for the outcome, by first class mail to the registered owner. If the registered
128owner is found to be responsible for the camera enforceable violation, the registered owner shall
129pay the fine in the manner described in subsection (g) not more than 14 days after the issuance of
130the decision or request further judicial review pursuant to said section 14 of said chapter 30A.
131 (j) The municipal designee shall notify the registrar when a registered owner of a motor
132vehicle to whom a notice of a camera enforceable violation has been issued: (i) fails to contest
133the responsibility for a violation pursuant to subsection (h) or subsection (i) and fails to pay the
134fine in the notice in accordance with subsection (g) within 60 days of the violation; or (ii) is
135found responsible for the violation and does not pay the fine in accordance with subsection (h) or
136subsection (i). Upon being notified by the municipal designee, the registrar shall place the matter
137on record. The municipal designee shall notify the registrar immediately when a fine that is the
138basis for a notice to the registrar under this subsection has been paid; provided, however, that
139certified receipt of full and final payment from the municipal designee issuing a violation shall
140also serve as legal notice to the registrar that a violation has been disposed of in accordance with
141this chapter. The certified receipt shall be printed in such form as the registrar may approve.
142 Section 4. (a) Notwithstanding section 3, if the registered owner of a motor vehicle is a
143person or entity engaged in the business of leasing or renting motor vehicles and the motor 8 of 12
144vehicle was operated under a rental or lease agreement at the time of the camera enforceable
145violation, this section shall be applicable and the registered owner shall not be liable for any
146unpaid fines if the registered owner has complied with the requirements of this section.
147 (b) The municipal designee shall provide notice in writing of each camera enforceable
148violation to the registered owner of a motor vehicle if a motor vehicle owned by the registered
149owner is involved in a camera enforceable violation.
150 (c) Not more than 45 days after the violation, the registered owner shall furnish to the
151municipal designee, in writing, the name and address of the lessee or rentee of the motor vehicle
152at the time of the camera enforceable violation, the lessee’s or rentee’s driver’s license number,
153the state that issued the driver’s license and the lessee’s or rentee’s date of birth.
154 (d) Upon receipt of the information required under subsection (c), the municipal designee
155shall issue a notice of a camera enforceable violation to the lessee or rentee in the form
156prescribed by section 3 and the lessee or rentee shall be liable for the violation.
157 (e) The municipal designee shall notify the registrar if the lessee or rentee to whom a
158notice of violation has been issued: (i) fails to contest the responsibility for a camera enforceable
159violation pursuant to either subsection (h) or subsection (i) of section 3 and fails to pay the fine
160in the notice in accordance with subsection (g) of said section 3 within 90 days of the violation;
161or (ii) is found responsible for the violation and does not pay the fine in accordance with said
162subsection (h) or said subsection (i) of said section 3. Upon being notified by the municipal
163designee, the registrar shall place the matter on record.
164 The municipal designee shall notify the registrar immediately when a fine that is the basis
165for a notice to the registrar under this subsection has been paid; provided, however, that certified 9 of 12
166receipt of full and final payment from the municipal designee issuing a camera enforceable
167violation shall also serve as notice to the registrar that the camera enforceable violation has been
168disposed of in accordance with this chapter; provided further, that the certified receipt shall be
169printed in such form as the registrar may approve.
170 Section 5. No violation shall be issued pursuant to this chapter for passing a school bus
171when its warning signals are activated, unless the vehicle crosses the plane of the stop sign on the
172bus.
173 Section 6. (a) A city or town that accepts this chapter shall install on each school bus with
174an automated road safety camera system a sign on the bus notifying the public that an automated
175road safety camera system is in use on the bus.
176 (b) A city or town that accepts this chapter shall make a public announcement and
177conduct a public awareness campaign of its use of automated road safety camera systems
178beginning not less than 60 days before the first such automated road safety camera system is put
179into use; provided, however, that a city or town that accepts this chapter may install but shall not
180activate automated road safety camera systems during the 30-day time period.
181 Section 7. (a) The compensation paid to the manufacturer or vendor of an automated road
182safety camera system authorized in this chapter shall be based on the value of the equipment or
183services provided and shall not be based on the number of camera enforceable violations issued
184or the revenue generated by the automated road safety camera system.
185 (b) Not less than annually, a professional engineer registered in the commonwealth or an
186independent laboratory shall verify that the automated road safety camera system is correctly
187calibrated. 10 of 12
188 Section 8. (a) An automated road safety camera system shall only take photographs when
189a camera enforceable violation occurs. Photographs and other recorded evidence shall be
190destroyed not more than 48 hours after the final disposition of a camera enforceable violation.
191 (b) A photograph or other recorded evidence taken pursuant to this chapter shall not be
192discoverable in any judicial or administrative proceeding, other than a proceeding held pursuant
193to this chapter, without a court order. A photograph or other recorded evidence taken pursuant to
194this chapter shall not be admissible in any judicial or administrative proceeding, other than in a
195proceeding to adjudicate liability for a violation of this chapter, without a court order. A court
196shall not order a release of a photograph or other recorded evidence taken pursuant to this
197chapter unless the photograph or other recorded evidence establishes or undermines a finding of
198a moving violation and the camera enforceable violation is material as to a finding of civil or
199criminal liability.
200 (c) Photographs and other personal identifying information collected by a city or town
201pursuant to this chapter shall not be a public record under Clause Twenty-Sixth of section 7 of
202chapter 4 or chapter 66.
203 (d) An automated road safety camera system shall not be utilized to take a frontal view
204photograph of a motor vehicle committing a camera enforceable violation. A frontal view
205photograph of a motor vehicle committing a camera enforceable violation taken by an automated
206road safety camera system shall not be discoverable or admissible in any judicial or
207administrative proceeding and shall not be used as the basis for a camera enforceable violation
208under this chapter. To the extent practicable, additional efforts shall be made to ensure that 11 of 12
209photographs produced by an automated road safety camera system do not identify the vehicle
210operator, the passengers or the contents of the vehicle.
211 (e) A city or town or a manufacturer or vendor of an automated road safety camera
212system may not use, disclose, sell or permit access to data collected by an automated road safety
213camera system except as necessary to process camera enforceable violations in accordance with
214this chapter.
215 Section 9. A city or town that accepts this chapter may only recover costs reasonably
216related to the implementation and operation of an automated road safety camera system
217including, but not limited to, costs associated with: (i) maintaining and operating the automated
218road safety camera system; (ii) issuing notices of camera enforceable violations; (iii) holding
219hearings for appeals of camera enforceable violations; (iv) notifying the registrar of a failure to
220pay a fine under this chapter; and (v) collecting a fine; provided, however, that net revenues
221collected by participating cities and towns pursuant to this chapter shall be deposited in the
222Massachusetts Transportation Trust Fund established in section 4 of chapter 6C.
223 Section 10. The operation of emergency vehicles shall be subject to this chapter except as
224otherwise provided in section 7B of chapter 89.
225 Section 10A. A city or town shall not implement this chapter unless the city or town has
226submitted a plan for the implementation of automated road safety camera systems to the
227department of transportation and the department has approved the plan. The review of the plan
228by the department shall include, but shall not be limited to, consideration of the social and racial
229equity impacts of the plan. There shall not be more than 10 approved plans in effect at any given
230time. 12 of 12
231 Section 10B. Not less than annually, the department of transportation shall submit a
232report to the clerks of the senate and house of representatives, the senate and house committees
233on ways and means and the joint committee on transportation that analyzes the public safety,
234traffic congestion and social and racial equity impacts of this chapter. The department shall also
235publish the report on its website.
236 Section 11. The department of transportation shall promulgate rules and regulations
237necessary to implement this chapter.
238 SECTION 2A. Not later than 90 days from the effective date of this act, the department
239of transportation shall promulgate regulations to implement chapter 90J of the General Laws.
240The regulations shall include, but not be limited to: (i) establishing standardized forms for
241notices of violations and written warnings; (ii) developing uniform signage requirements for the
242purpose of complying with subsection (a) of section 6 of said chapter 90J; and (iii) establishing
243standards for the calibration of automated road safety camera systems under subsection (b) of
244section 7 of said chapter 90J.