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| 2 | 2 | | HOUSE DOCKET, NO. 3530 FILED ON: 1/20/2023 |
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| 3 | 3 | | HOUSE . . . . . . . . . . . . . . . No. 3393 |
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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 | | Steven Owens and Manny Cruz |
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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 relative to automated enforcement. |
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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:Steven Owens29th Middlesex1/19/2023Manny Cruz7th Essex1/20/2023Tackey Chan2nd Norfolk2/2/2023Mike Connolly26th Middlesex2/14/2023 1 of 16 |
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| 16 | 16 | | HOUSE DOCKET, NO. 3530 FILED ON: 1/20/2023 |
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| 17 | 17 | | HOUSE . . . . . . . . . . . . . . . No. 3393 |
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| 18 | 18 | | By Representatives Owens of Watertown and Cruz of Salem, a petition (accompanied by bill, |
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| 19 | 19 | | House, No. 3393) of Steven Owens, Manny Cruz and others relative to automated motor vehicle |
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| 20 | 20 | | sensor devices that produce digital photographs of motor vehicles committing camera- |
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| 21 | 21 | | enforceable violations. Transportation. |
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| 22 | 22 | | The Commonwealth of Massachusetts |
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| 23 | 23 | | _______________ |
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| 24 | 24 | | In the One Hundred and Ninety-Third General Court |
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| 25 | 25 | | (2023-2024) |
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| 26 | 26 | | _______________ |
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| 27 | 27 | | An Act relative to automated enforcement. |
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| 28 | 28 | | Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority |
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| 29 | 29 | | of the same, as follows: |
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| 30 | 30 | | 1 SECTION 1. Clause Twenty-sixth of section 7 of chapter 4 of the General Laws, as |
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| 31 | 31 | | 2appearing in the 2018 Official Edition, is hereby amended by adding the following subclause:- |
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| 32 | 32 | | 3 |
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| 33 | 33 | | 4 (w) Photographs and other personal identifying information collected by cities and towns |
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| 34 | 34 | | 5under chapter 90J. |
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| 35 | 35 | | 6 SECTION 2. The General Laws are hereby amended by inserting after chapter 90I the |
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| 36 | 36 | | 7following chapter:- |
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| 37 | 37 | | 8 |
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| 38 | 38 | | 9 CHAPTER 90J. |
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| 39 | 39 | | 10 2 of 16 |
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| 40 | 40 | | 11 “AUTOMATED ROAD SAFETY ENFORCEMENT PILOT PROGRAM |
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| 41 | 41 | | 12 |
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| 42 | 42 | | 13 Section 1. As used in this chapter, the following words shall have the following meanings |
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| 43 | 43 | | 14unless the context clearly requires otherwise: |
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| 44 | 44 | | 15 |
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| 45 | 45 | | 16 “Automated road safety camera system”, an automated motor vehicle sensor device that |
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| 46 | 46 | | 17produces digital photographs of a motor vehicle that commits a camera enforceable violation at |
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| 47 | 47 | | 18the location where the automated motor vehicle sensor device is installed. |
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| 48 | 48 | | 19 |
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| 49 | 49 | | 20 “Camera enforceable violation”, any of the following violations of a traffic law or |
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| 50 | 50 | | 21regulation: (i) failing to stop at a steady red indication in a traffic control signal at an intersection |
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| 51 | 51 | | 22pursuant to section 9 of chapter 89; (ii) making a right turn on a steady red indication in a traffic |
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| 52 | 52 | | 23control signal where prohibited pursuant to section 8 of said chapter 89; (iii) exceeding the speed |
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| 53 | 53 | | 24limit in violation of section 17 , section 18, or section 18B of chapter 90; (iv) passing a school |
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| 54 | 54 | | 25bus when its warning signals are activated in violation of section 14 of said chapter 90; (v) |
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| 55 | 55 | | 26blocking an intersection in violation of said section 9 of said chapter 89; and (vi) operating, |
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| 56 | 56 | | 27parking or causing a motor vehicle to stand in a lane designated for the exclusive use of buses |
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| 57 | 57 | | 28unless otherwise regulated or posted by an official traffic signal, sign or marking or at the |
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| 58 | 58 | | 29direction of an authorized police officer. |
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| 59 | 59 | | 30 3 of 16 |
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| 60 | 60 | | 31 “Municipal designee”, the municipal entity designated by the city manager in a city with |
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| 61 | 61 | | 32a Plan D or E form of government, the mayor in all other cities or the board of selectmen in a |
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| 62 | 62 | | 33town to supervise and coordinate the administration of camera enforceable violations under this |
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| 63 | 63 | | 34chapter. |
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| 64 | 64 | | 35 |
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| 65 | 65 | | 36 “Registrar”, the registrar of motor vehicles. |
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| 66 | 66 | | 37 |
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| 67 | 67 | | 38 Section 2. (a) A city or town that accepts this chapter may install an automated road |
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| 68 | 68 | | 39safety camera system as a means of promoting traffic safety. The automated road safety camera |
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| 69 | 69 | | 40system may be placed: (i) along any portion of any way within the city’s or town’s control; (ii) |
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| 70 | 70 | | 41along any portion of any way within the control of the commonwealth, other than a limited |
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| 71 | 71 | | 42access highway, with written permission from the Massachusetts Department of Transportation |
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| 72 | 72 | | 43or the department of conservation and recreation; or (iii) attached to a school bus; provided, |
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| 73 | 73 | | 44however, that before equipping a school bus serving a regional school district with an automated |
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| 74 | 74 | | 45road safety camera, each city or town member of the regional school district shall accept this |
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| 75 | 75 | | 46chapter and shall approve the location of the automated road safety camera system pursuant to |
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| 76 | 76 | | 47subsection (b); provided further, that the city or town may impose a penalty for a camera |
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| 77 | 77 | | 48enforceable violation on the registered owner of a motor vehicle pursuant to section 3. |
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| 78 | 78 | | 49 |
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| 79 | 79 | | 50 (b) A city or town that accepts this chapter shall not employ more than 1 automated road |
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| 80 | 80 | | 51safety camera system per 25,00 residents as measured by using the most recent census data; 4 of 16 |
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| 81 | 81 | | 52provided, however, that a city or town with less than 2,500 residents shall not employ an |
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| 82 | 82 | | 53automated road safety camera system; and provided further, that an automated road safety |
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| 83 | 83 | | 54camera system that is attached to a school bus shall not be included in the number of automated |
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| 84 | 84 | | 55road safety camera systems in the city or town. The location of an automated road safety camera |
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| 85 | 85 | | 56system shall be approved by the city council with the approval of the mayor in a city or the board |
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| 86 | 86 | | 57of selectmen in a town after a public hearing on the proposed location of the automated road |
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| 87 | 87 | | 58safety camera system; provided, however, that the city or town shall present the past 3 years of |
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| 88 | 88 | | 59available crash data at the proposed location of an automated road safety camera system at the |
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| 89 | 89 | | 60public hearing. |
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| 90 | 90 | | 61 |
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| 91 | 91 | | 62 (c) Annually, not later than December 1, a city or town that accepts this chapter shall |
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| 92 | 92 | | 63transmit a report to the Massachusetts Department of Transportation that details each automated |
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| 93 | 93 | | 64road safety camera system located in the city or town or proposed to be located in the city or |
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| 94 | 94 | | 65town. The report shall include, but not be limited to: (i) a list of the locations of each automated |
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| 95 | 95 | | 66road safety camera system in the city or town; (ii) an analysis of the nexus between public safety |
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| 96 | 96 | | 67and each location’s automated road safety camera system; and (iii) the number of fines and |
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| 97 | 97 | | 68warnings issued for camera enforceable violations pursuant to section 3; (iv) records of the |
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| 98 | 98 | | 69maintenance and calibration of each location’s automated road safety camera system; (v) crash |
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| 99 | 99 | | 70data at each separate location of an automated road safety camera system; (vi) an analysis of the |
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| 100 | 100 | | 71frequency of traffic stops by the municipality’s police force prior to and after the implementation |
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| 101 | 101 | | 72of an automated road safety camera system . The department shall post all reports received |
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| 102 | 102 | | 73pursuant to this section on its website. 5 of 16 |
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| 103 | 103 | | 74 |
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| 104 | 104 | | 75 Section 3. (a) The maximum fine imposed under this chapter for a camera enforceable |
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| 105 | 105 | | 76violation shall be $25 per violation. Except as provided in section 4, the registered owner of a |
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| 106 | 106 | | 77motor vehicle shall be liable for the fine; provided, however, that a registered owner of a motor |
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| 107 | 107 | | 78vehicle shall not be liable for the fine imposed under this chapter for a camera enforceable |
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| 108 | 108 | | 79violation if the operator of the motor vehicle was issued a citation for the violation in accordance |
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| 109 | 109 | | 80with section 2 of chapter 90C. A city or town that accepts this chapter may send a written |
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| 110 | 110 | | 81warning to the registered owner of a motor vehicle for the purposes of education in lieu of |
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| 111 | 111 | | 82enforcement through a fine; provided, however, that a written warning shall only be issued |
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| 112 | 112 | | 83pursuant to objective and consistent criteria in a written policy established by the municipal |
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| 113 | 113 | | 84designee; provided further, that the Massachusetts Department of Transportation may provide |
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| 114 | 114 | | 85guidance to the city or town on establishing such objective and consistent criteria. |
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| 115 | 115 | | 86 |
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| 116 | 116 | | 87 (b) A certificate, or a facsimile thereof, based upon inspection of photographs and data |
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| 117 | 117 | | 88produced by an automated road safety camera system and sworn to or affirmed by the municipal |
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| 118 | 118 | | 89designee shall be prima facie evidence of the facts contained therein. |
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| 119 | 119 | | 90 |
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| 120 | 120 | | 91 (c) A camera enforceable violation issued by a city or town under this chapter shall not |
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| 121 | 121 | | 92be: (i) made part of the operating record of the person upon whom such liability is imposed; or |
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| 122 | 122 | | 93(ii) a conviction of a moving violation of the motor vehicle laws for the purpose of determining a |
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| 123 | 123 | | 94surcharge on a motor vehicle premium pursuant to section 113B of chapter 175. 6 of 16 |
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| 124 | 124 | | 95 |
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| 125 | 125 | | 96 (d) The municipal designee may hire and designate personnel as necessary or contract for |
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| 126 | 126 | | 97services to implement this chapter. |
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| 127 | 127 | | 98 |
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| 128 | 128 | | 99 (e) (1) The municipal designee shall provide a notice of violation to the registered owner |
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| 129 | 129 | | 100of a motor vehicle that is identified in photographs produced by an automated road safety camera |
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| 130 | 130 | | 101system as evidence of a camera enforceable violation pursuant to this chapter. The notice shall |
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| 131 | 131 | | 102include, but not be limited to: (i) a copy of the photographs produced by the automated road |
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| 132 | 132 | | 103safety camera system and any other data showing the vehicle in the process of a camera |
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| 133 | 133 | | 104enforceable violation; (ii) the registration number and state of issuance of the vehicle; (iii) the |
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| 134 | 134 | | 105date, time and location of the alleged camera enforceable violation; (iv) the specific camera |
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| 135 | 135 | | 106enforceable violation charged; (v) instructions for payment of the fine imposed pursuant to |
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| 136 | 136 | | 107subsection (a); (vi) instructions on how to appeal the camera enforceable violation in writing and |
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| 137 | 137 | | 108to obtain a hearing; and (vii) an affidavit form approved by the municipal designee for the |
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| 138 | 138 | | 109purposes of making a written appeal pursuant to subsection (h). |
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| 139 | 139 | | 110 |
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| 140 | 140 | | 111 (2) In the case of a violation involving a motor vehicle registered in the commonwealth, |
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| 141 | 141 | | 112the notice of violation shall be mailed within 14 days of the violation to the address of the |
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| 142 | 142 | | 113registered owner of the motor vehicle as listed in the records of the registrar. If a motor vehicle is |
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| 143 | 143 | | 114registered under the laws of another state or country, the notice of violation shall be mailed |
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| 144 | 144 | | 115within 21 days of the violation to the address of the registered owner as listed in the records of |
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| 145 | 145 | | 116the official in the state or country that has charge of the registration of the motor vehicle. If the 7 of 16 |
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| 146 | 146 | | 117address is unavailable, it shall be sufficient for the municipal designee to mail a notice of |
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| 147 | 147 | | 118violation to the official in the state or country that has charge of the registration of the motor |
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| 148 | 148 | | 119vehicle. |
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| 149 | 149 | | 120 |
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| 150 | 150 | | 121 (3) The notice of violation shall be sent by first class mail in accordance with paragraph |
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| 151 | 151 | | 122(2). A manual or automatic record of mailing processed by or on behalf of the municipal |
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| 152 | 152 | | 123designee in the ordinary course of business shall be prima facie evidence thereof and shall be |
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| 153 | 153 | | 124admitted as evidence in any judicial or administrative proceeding as to the facts contained |
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| 154 | 154 | | 125therein. |
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| 155 | 155 | | 126 |
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| 156 | 156 | | 127 (f) A registered owner of a motor vehicle shall not be liable for a camera enforceable |
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| 157 | 157 | | 128violation under this chapter if the: (i) violation was necessary to allow the passage of an |
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| 158 | 158 | | 129emergency vehicle; (ii) violation was incurred while participating in a funeral procession; (iii) |
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| 159 | 159 | | 130violation was incurred during a period of time in which the motor vehicle was reported to the |
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| 160 | 160 | | 131police department of any state, city or town as having been stolen and had not been recovered |
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| 161 | 161 | | 132before the time the violation occurred; (iv) operator of the motor vehicle was operating the motor |
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| 162 | 162 | | 133vehicle under a rental or lease agreement and the registered owner of the motor vehicle is a rental |
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| 163 | 163 | | 134or leasing company and has complied with section 4; (v) operator of the motor vehicle was |
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| 164 | 164 | | 135issued a citation for the violation in accordance with section 2 of chapter 90C; or (vi) violation |
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| 165 | 165 | | 136was necessary to comply with any other law or regulation governing the operation of a motor |
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| 166 | 166 | | 137vehicle. |
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| 167 | 167 | | 138 8 of 16 |
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| 168 | 168 | | 139 (g) A registered owner of a motor vehicle to whom a notice of violation has been issued |
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| 169 | 169 | | 140pursuant to this chapter may admit responsibility for the violation and pay the fine provided |
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| 170 | 170 | | 141therein. Payment of the established fine shall operate as the final disposition of a camera |
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| 171 | 171 | | 142enforceable violation; provided, however, that payment by a registered owner of a motor vehicle |
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| 172 | 172 | | 143shall operate as the final disposition of the violation as to any other registered owner of the same |
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| 173 | 173 | | 144motor vehicle for the same violation. |
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| 174 | 174 | | 145 |
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| 175 | 175 | | 146 (h) Not more than 60 days after a camera enforceable violation under this chapter, a |
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| 176 | 176 | | 147registered owner of a motor vehicle may contest responsibility for the violation in writing by |
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| 177 | 177 | | 148mail or online. The registered owner shall provide the municipal designee with a signed affidavit, |
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| 178 | 178 | | 149in a form approved by the municipal designee, stating the: (i) reason for disputing the violation; |
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| 179 | 179 | | 150(ii) full legal name and address of the registered owner of the motor vehicle; and (iii) full legal |
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| 180 | 180 | | 151name and address of the operator of the motor vehicle at the time the violation occurred. The |
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| 181 | 181 | | 152registered owner may include signed statements from witnesses, including the names and |
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| 182 | 182 | | 153addresses of witnesses, supporting the registered owner’s defense. Not more than 21 days after |
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| 183 | 183 | | 154receipt of the signed affidavit, the municipal designee or the hearing officer shall send the |
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| 184 | 184 | | 155decision of the hearing officer, including the reasons for the outcome, by first class mail to the |
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| 185 | 185 | | 156registered owner. If the registered owner is found responsible for the violation, the registered |
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| 186 | 186 | | 157owner shall pay the fine in the manner described in subsection (g) not more than 14 days after |
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| 187 | 187 | | 158the issuance of the decision or request further judicial review pursuant to section 14 of chapter |
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| 188 | 188 | | 15930A. |
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| 189 | 189 | | 160 9 of 16 |
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| 190 | 190 | | 161 (i) In lieu of contesting responsibility for a violation in writing or online pursuant to |
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| 191 | 191 | | 162subsection (h) and not more than 60 days after a violation under this chapter, a registered owner |
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| 192 | 192 | | 163of the motor vehicle may request a hearing to contest responsibility for a camera enforceable |
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| 193 | 193 | | 164violation. A hearing request shall be made in writing by mail or online. Upon receipt of a hearing |
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| 194 | 194 | | 165request, the municipal designee shall schedule the matter before a hearing officer. The hearing |
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| 195 | 195 | | 166officer may be an employee of the municipal designee or such other person as the municipal |
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| 196 | 196 | | 167designee may designate. Written notice of the date, time and place of the hearing shall be sent by |
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| 197 | 197 | | 168first class mail to each registered owner of the motor vehicle. The hearing shall be informal, the |
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| 198 | 198 | | 169rules of evidence shall not apply and the decision of the hearing officer shall be final subject to |
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| 199 | 199 | | 170judicial review pursuant to section 14 of chapter 30A. Not more than 21 days after the hearing, |
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| 200 | 200 | | 171the municipal designee or the hearing officer shall send the decision of the hearing officer, |
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| 201 | 201 | | 172including the reason for the outcome, by first class mail to the registered owner. If the registered |
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| 202 | 202 | | 173owner is found to be responsible for the camera enforceable violation, the registered owner shall |
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| 203 | 203 | | 174pay the fine in the manner described in subsection (g) not more than 14 days after the issuance of |
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| 204 | 204 | | 175the decision or request further judicial review pursuant to said section 14 of said chapter 30A. |
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| 205 | 205 | | 176 |
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| 206 | 206 | | 177 (j) The municipal designee shall notify the registrar when a registered owner of a motor |
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| 207 | 207 | | 178vehicle to whom a notice of a camera enforceable violation has been issued: (i) fails to contest |
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| 208 | 208 | | 179the responsibility for a violation pursuant to subsection (h) or subsection (i) and fails to pay the |
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| 209 | 209 | | 180fine in the notice in accordance with subsection (g) within 60 days of the violation; or (ii) is |
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| 210 | 210 | | 181found responsible for the violation and does not pay the fine in accordance with subsection (h) or |
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| 211 | 211 | | 182subsection (i). Upon being notified by the municipal designee, the registrar shall place the matter |
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| 212 | 212 | | 183on record. The municipal designee shall notify the registrar immediately when a fine that is the 10 of 16 |
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| 213 | 213 | | 184basis for a notice to the registrar under this subsection has been paid; provided, however, that |
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| 214 | 214 | | 185certified receipt of full and final payment from the municipal designee issuing a violation shall |
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| 215 | 215 | | 186also serve as legal notice to the registrar that a violation has been disposed of in accordance with |
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| 216 | 216 | | 187this chapter. The certified receipt shall be printed in such form as the registrar may approve. |
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| 217 | 217 | | 188 |
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| 218 | 218 | | 189 Section 4. (a) Notwithstanding section 3, if the registered owner of a motor vehicle is a |
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| 219 | 219 | | 190person or entity engaged in the business of leasing or renting motor vehicles and the motor |
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| 220 | 220 | | 191vehicle was operated under a rental or lease agreement at the time of the camera enforceable |
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| 221 | 221 | | 192violation, this section shall be applicable and the registered owner shall not be liable for any |
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| 222 | 222 | | 193unpaid fines if the registered owner has complied with the requirements of this section. |
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| 223 | 223 | | 194 |
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| 224 | 224 | | 195 (b) The municipal designee shall provide notice in writing of each camera enforceable |
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| 225 | 225 | | 196violation to the registered owner of a motor vehicle if a motor vehicle owned by the registered |
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| 226 | 226 | | 197owner is involved in a camera enforceable violation. |
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| 227 | 227 | | 198 |
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| 228 | 228 | | 199 (c) Not more than 45 days after the violation, the registered owner shall furnish to the |
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| 229 | 229 | | 200municipal designee, in writing, the name and address of the lessee or rentee of the motor vehicle |
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| 230 | 230 | | 201at the time of the camera enforceable violation, the lessee’s or rentee’s driver’s license number, |
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| 231 | 231 | | 202the state that issued the driver’s license and the lessee’s or rentee’s date of birth. |
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| 232 | 232 | | 203 11 of 16 |
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| 233 | 233 | | 204 (d) Upon receipt of the information required under subsection (c), the municipal designee |
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| 234 | 234 | | 205shall issue a notice of a camera enforceable violation to the lessee or rentee in the form |
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| 235 | 235 | | 206prescribed by section 3 and the lessee or rentee shall be liable for the violation. |
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| 236 | 236 | | 207 |
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| 237 | 237 | | 208 (e) The municipal designee shall notify the registrar if the lessee or rentee to whom a |
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| 238 | 238 | | 209notice of violation has been issued: (i) fails to contest the responsibility for a camera enforceable |
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| 239 | 239 | | 210violation pursuant to either subsection (h) or subsection (i) of section 3 and fails to pay the fine |
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| 240 | 240 | | 211in the notice in accordance with subsection (g) of said section 3 within 90 days of the violation; |
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| 241 | 241 | | 212or (ii) is found responsible for the violation and does not pay the fine in accordance with said |
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| 242 | 242 | | 213subsection (h) or said subsection (i) of said section 3. Upon being notified by the municipal |
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| 243 | 243 | | 214designee, the registrar shall place the matter on record. |
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| 244 | 244 | | 215 |
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| 245 | 245 | | 216 The municipal designee shall notify the registrar immediately when a fine that is the |
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| 246 | 246 | | 217basis for a notice to the registrar under this subsection has been paid; provided, however, that |
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| 247 | 247 | | 218certified receipt of full and final payment from the municipal designee issuing a camera |
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| 248 | 248 | | 219enforceable violation shall also serve as notice to the registrar that the camera enforceable |
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| 249 | 249 | | 220violation has been disposed of in accordance with this chapter; provided further, that the certified |
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| 250 | 250 | | 221receipt shall be printed in such form as the registrar may approve. |
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| 251 | 251 | | 222 |
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| 252 | 252 | | 223 Section 5. No violation shall be issued pursuant to this chapter for: (i) a failure to stop at |
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| 253 | 253 | | 224a signal at an intersection if any part of the vehicle was over the stop line when the light was 12 of 16 |
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| 254 | 254 | | 225yellow, regardless of whether or not the light turned red while the vehicle was over the stop line; |
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| 255 | 255 | | 226(ii) exceeding the speed limit, unless the vehicle exceeds the speed limit by not less than 10 miles |
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| 256 | 256 | | 227per hour where the posted speed limit is 45 miles per hour or greater and not less than 5 miles per |
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| 257 | 257 | | 228hour where the posted speed limit is less than 45 miles per hour; (iii) passing a school a bus |
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| 258 | 258 | | 229when its warning signals are activated, unless the vehicle crosses the plane of the stop sign on the |
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| 259 | 259 | | 230bus; (iv) making a right turn on a steady red indication in a traffic control signal where |
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| 260 | 260 | | 231prohibited, unless the entire vehicle has crossed the stop line; or (v) blocking an intersection, |
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| 261 | 261 | | 232unless the entire vehicle has crossed the stop line and no portion of the vehicle has exited the |
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| 262 | 262 | | 233intersection. |
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| 263 | 263 | | 234 |
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| 264 | 264 | | 235 Section 6. (a) A city or town that accepts this chapter shall install at each location of an |
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| 265 | 265 | | 236automated road safety camera system an unobstructed sign notifying the public that an |
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| 266 | 266 | | 237automated road safety camera system is in use; provided, however, that a school bus with an |
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| 267 | 267 | | 238automated road safety camera system shall have a sign on the bus notifying the public that an |
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| 268 | 268 | | 239automated road safety camera system is in use on the bus. |
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| 269 | 269 | | 240 |
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| 270 | 270 | | 241 (b) A city or town that accepts this chapter shall make a public announcement and |
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| 271 | 271 | | 242conduct a public awareness campaign of its use of automated road safety camera systems |
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| 272 | 272 | | 243beginning not less than 60 days before the first such automated road safety camera system is put |
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| 273 | 273 | | 244into use; provided, however, that a city or town that accepts this chapter may install but shall not |
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| 274 | 274 | | 245activate automated road safety camera systems during the 60-day time period. |
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| 275 | 275 | | 246 13 of 16 |
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| 276 | 276 | | 247 Section 7. (a) The compensation paid to the manufacturer or vendor of an automated road |
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| 277 | 277 | | 248safety camera system authorized in this chapter shall be based on the value of the equipment or |
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| 278 | 278 | | 249services provided and shall not be based on the number of camera enforceable violations issued |
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| 279 | 279 | | 250or the revenue generated by the automated road safety camera system. |
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| 280 | 280 | | 251 |
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| 281 | 281 | | 252 (b) Not less than annually, a professional engineer registered in the commonwealth or an |
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| 282 | 282 | | 253independent laboratory shall verify that the automated road safety camera system and any |
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| 283 | 283 | | 254appurtenant traffic control signals are correctly calibrated. |
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| 284 | 284 | | 255 |
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| 285 | 285 | | 256 Section 8. (a) An automated road safety camera system shall only take photographs when |
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| 286 | 286 | | 257a camera enforceable violation occurs. Photographs and other recorded evidence shall be |
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| 287 | 287 | | 258destroyed not more than 48 hours after the final disposition of a camera enforceable violation. |
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| 288 | 288 | | 259 |
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| 289 | 289 | | 260 (b) A photograph or other recorded evidence taken pursuant to this chapter shall not be |
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| 290 | 290 | | 261discoverable in any judicial or administrative proceeding, other than a proceeding held pursuant |
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| 291 | 291 | | 262to this chapter, without a court order. A photograph or other recorded evidence taken pursuant to |
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| 292 | 292 | | 263this chapter shall not be admissible in any judicial or administrative proceeding, other than in a |
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| 293 | 293 | | 264proceeding to adjudicate liability for a violation of this chapter, without a court order. A court |
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| 294 | 294 | | 265shall not order a release of a photograph or other recorded evidence taken pursuant to this |
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| 295 | 295 | | 266chapter unless the photograph or other recorded evidence establishes or undermines a finding of 14 of 16 |
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| 296 | 296 | | 267a moving violation and the camera enforceable violation is material as to a finding of civil or |
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| 297 | 297 | | 268criminal liability. |
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| 298 | 298 | | 269 |
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| 299 | 299 | | 270 (c) Photographs and other personal identifying information collected by a city or town |
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| 300 | 300 | | 271pursuant to this chapter shall not be a public record under Clause Twenty-Sixth of section 7 of |
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| 301 | 301 | | 272chapter 4 or chapter 66. |
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| 302 | 302 | | 273 |
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| 303 | 303 | | 274 (d) An automated road safety camera system shall not be utilized to take a frontal view |
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| 304 | 304 | | 275photograph of a motor vehicle committing a camera enforceable violation. A frontal view |
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| 305 | 305 | | 276photograph of a motor vehicle committing a camera enforceable violation taken by an automated |
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| 306 | 306 | | 277road safety camera system shall not be discoverable or admissible in any judicial or |
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| 307 | 307 | | 278administrative proceeding and shall not be used as the basis for a camera enforceable violation |
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| 308 | 308 | | 279under this chapter. To the extent practicable, additional efforts shall be made to ensure that |
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| 309 | 309 | | 280photographs produced by an automated road safety camera system do not identify the vehicle |
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| 310 | 310 | | 281operator, the passengers or the contents of the vehicle. |
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| 311 | 311 | | 282 |
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| 312 | 312 | | 283 (e) A city or town or a manufacturer or vendor of an automated road safety camera |
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| 313 | 313 | | 284system may not use, disclose, sell or permit access to data collected by an automated road safety |
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| 314 | 314 | | 285camera system except as necessary to process camera enforceable violations in accordance with |
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| 315 | 315 | | 286this chapter. |
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| 316 | 316 | | 287 15 of 16 |
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| 317 | 317 | | 288 Section 9. A city or town that accepts this chapter may only recover costs reasonably |
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| 318 | 318 | | 289related to the implementation and operation of an automated road safety camera system |
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| 319 | 319 | | 290including, but not limited to, costs associated with: (i) maintaining and operating the automated |
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| 320 | 320 | | 291road safety camera system; (ii) issuing notices of camera enforceable violations; (iii) holding |
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| 321 | 321 | | 292hearings for appeals of camera enforceable violations; (iv) notifying the registrar of a failure to |
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| 322 | 322 | | 293pay a fine under this chapter; and (v) collecting a fine; provided, however, that net revenues |
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| 323 | 323 | | 294collected by participating cities and towns pursuant to this chapter shall be deposited in the |
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| 324 | 324 | | 295Massachusetts Transportation Trust Fund established in section 4 of chapter 6C. |
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| 325 | 325 | | 296 |
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| 326 | 326 | | 297 Section 10. The operation of emergency vehicles shall be subject to this chapter except as |
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| 327 | 327 | | 298otherwise provided in section 7B of chapter 89. |
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| 328 | 328 | | 299 |
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| 329 | 329 | | 300 Section 10A. A city or town shall not implement this chapter unless the city or town has |
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| 330 | 330 | | 301submitted a plan for the implementation of automated road safety camera systems to the |
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| 331 | 331 | | 302Massachusetts Department of Transportation and the department has approved the plan. The |
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| 332 | 332 | | 303review of the plan by the department shall include, but shall not be limited to, consideration of |
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| 333 | 333 | | 304the social and racial equity impacts of the plan. There shall not be more than 10 approved plans |
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| 334 | 334 | | 305in effect at any given time. |
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| 335 | 335 | | 306 |
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| 336 | 336 | | 307 Section 10B. Not less than annually, the Massachusetts Department of Transportation |
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| 337 | 337 | | 308shall submit a report to the clerks of the senate and house of representatives, the senate and house 16 of 16 |
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| 338 | 338 | | 309committees on ways and means and the joint committee on transportation that analyzes the |
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| 339 | 339 | | 310public safety, traffic congestion, and social and racial equity impacts of this chapter. The |
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| 340 | 340 | | 311Massachusetts Department of Transportation shall also publish the report on its website |
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| 341 | 341 | | 312 |
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| 342 | 342 | | 313 Section 11. The Massachusetts Department of Transportation shall promulgate rules and |
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| 343 | 343 | | 314regulations necessary to implement this chapter. |
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| 344 | 344 | | 315 |
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| 345 | 345 | | 316 SECTION 2A. Not later than 90 days from the effective date of this act, the |
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| 346 | 346 | | 317Massachusetts Department of Transportation shall promulgate regulations to implement chapter |
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| 347 | 347 | | 31890J of the General Laws. The regulations shall include, but not be limited to: (i) establishing |
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| 348 | 348 | | 319standardized forms for notices of violations and written warnings; (ii) developing uniform |
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| 349 | 349 | | 320signage requirements for the purpose of complying with subsection (a) of section 6 of said |
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| 350 | 350 | | 321chapter 90J; and (iii) establishing standards for the calibration of automated road safety camera |
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| 351 | 351 | | 322systems under subsection (b) of section 7 of said chapter 90J. |
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| 352 | 352 | | 323 |
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| 353 | 353 | | 324 “SECTION 3. The first report required under section 10B of chapter 90J of the General |
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| 354 | 354 | | 325Laws shall be submitted not less than 2 years after the first plan is approved by the |
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| 355 | 355 | | 326Massachusetts Department of Transportation under section 10A of said chapter 90J . |
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