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HOUSE DOCKET, NO. 435 FILED ON: 1/12/2023
HOUSE . . . . . . . . . . . . . . . No. 3440
The Commonwealth of Massachusetts
_________________
PRESENTED BY:
William M. Straus
_________________
To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:
The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
An Act concerning the safety of school children embarking and disembarking school buses.
_______________
PETITION OF:
NAME:DISTRICT/ADDRESS :DATE ADDED:William M. Straus10th Bristol1/12/2023Thomas P. Walsh12th Essex1/18/2023Sally P. Kerans13th Essex1/20/2023 1 of 13
HOUSE DOCKET, NO. 435 FILED ON: 1/12/2023
HOUSE . . . . . . . . . . . . . . . No. 3440
By Representative Straus of Mattapoisett, a petition (accompanied by bill, House, No. 3440) of
William M. Straus, Thomas P. Walsh and Sally P. Kerans for legislation to authorize the
installation and operation of digital video violation detection monitoring systems to detect
drivers failing to stop for school buses. Transportation.
[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE HOUSE, NO. 3607 OF 2021-2022.]
The Commonwealth of Massachusetts
_______________
In the One Hundred and Ninety-Third General Court
(2023-2024)
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An Act concerning the safety of school children embarking and disembarking school buses.
Whereas, The deferred operation of this act would tend to defeat its purpose, which is to
safeguard student safety, therefore it is hereby declared to be an emergency law, necessary for
the immediate preservation of the public safety.
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
of the same, as follows:
1 SECTION 1. Section 14 of Chapter 90 of the General Laws is hereby amended by
2inserting after section 14B the following section:-
3 Section 14C. (a) In addition to other monitoring devices lawfully authorized to be
4installed in school buses and notwithstanding any general or special law to the contrary, any city
5or town within the Commonwealth is hereby authorized to install and operate live digital video
6school bus violation detection monitoring systems for purpose of enforcing violations against the
7owner of a motor vehicle whose vehicle failed to stop for a school bus when required to do so by 2 of 13
8the provisions of Section 14. Such systems shall be limited to monitor and detect violations of
9motorists failing to stop for a school bus. (b) (1) As used in this section, the following words
10shall have the following meanings: “School bus violation detection monitoring system” a
11camera system that shall monitor and detect motor vehicles overtaking or passing school buses
12when said buses are stopped and displaying front and rear alternating flashing red signal lamps
13as provided in section seven B, and which has been stopped to allow pupils to alight from or
14board the same. It shall be a system with two or more camera sensors and computers that
15produce live digital and recorded video and 2 or more film or digital photographic still images of
16each motor vehicle at the time it is used or operated in a manner that is in violation of Section 14
17of Chapter 90. “Stop arm traffic control sign” a stop sign mounted on a mechanical arm
18installed on a school bus which is deployed when a school bus is stopped to allow pupils to alight
19from or board the same and notify motorists when it they are required to stop and when they can
20proceed. “Violation” the failure of an operator of a motor vehicle to comply with the laws,
21codes, regulations, by-laws, ordinances, rules or other forms of legislation governing the traffic
22control requirements for school buses stopped to allow pupils to alight from or board same for
23which a school bus violation detection monitoring system is installed and in operation. (2) All
24systems installed for use under this section shall produce an evidence file that includes a live
25visual image viewable remotely, a recorded image of the license plate and be able to record the
26date, time and location of the vehicle committing the violation. An affidavit shall be signed by a
27person trained to observe and detect such violations who witnesses the violation via live video
28provided by the school bus violation detection monitoring system. (3) Recorded video images
29and still photographic images must record the rear of the motor vehicle, with at least 1
30photographic image and one recorded video image clearly recording the motor vehicle 3 of 13
31immediately before the violation of the stop arm traffic control sign and at least 1 photographic
32image and one recorded video image recording the motor vehicle passing the stopped school bus
33with the stop arm traffic control sign deployed in violation of the stop arm traffic control sign.
34Additionally, at least 1 photographic image and 1 recorded video image must clearly identify the
35license plate of the motor vehicle. (4) To the extent practicable, any school bus violation
36detection monitoring system shall use necessary technologies to ensure that photographs or
37recorded video images produced by the school bus violation detection monitoring system shall
38not include a frontal view photograph or video image of the motor vehicle that is in violation of
39the stop arm traffic control sign or images that identify the operator, the passengers, or the
40contents of the vehicle, but no notice of liability issued under this section shall be dismissed
41solely because a photograph or recorded video image allow for the identification of the operator,
42passengers, or contents of a vehicle as long as a reasonable effort has been made to comply with
43this paragraph. (5) Any school bus installed with a school bus violation detection monitoring
44system shall post warning signage indicating the use of such system. The signage shall remain on
45each bus as long as a school bus violation detection monitoring system is in operation. (6) A
46penalty imposed for a violation of this section shall not be considered a criminal conviction and
47shall not be considered a moving violation of the motor vehicle laws for the purpose of
48determining surcharges on motor vehicle premiums pursuant to Section113B of Chapter 175
49although as provided in this section the violation shall be noted on the registered owner or
50owner’s driving record. (7) The fines contained in this section and section 14 for a failure to
51stop for a school bus shall be applied whether the violation is detected through the use of a
52school bus mounted violation detection monitoring system or by a police officer on scene who
53issues a written citation to the operator of the motor vehicle. Pursuant to the provisions of 4 of 13
54Section 2 of Chapter 280, all fines imposed for a violation of failing to stop for school bus in
55accordance with section 14 that is detected by a school bus violation detection monitoring system
56or by a police officer who cites the operator in hand shall be paid over to the treasury of the city
57or town where the offense was committed. (8) Wherever an agreement under this section is to
58take effect upon its acceptance by a municipality or district, or is to be effective in municipalities
59or districts accepting its provisions, this acceptance shall be, except as otherwise provided, in a
60municipality, by vote of the legislative body, subject to the charter of the municipality, or, in a
61district, by vote of the district at a district meeting. A city or town may enter into an agreement
62with a private vendor or manufacturer to provide a school bus violation detection monitoring
63system on each bus within its fleet whether owned or leased, up to and including the installation,
64operation and maintenance of such systems. Compensation paid to the manufacturer or vendor
65of the school bus violation detection monitoring system as authorized by this section shall not be
66based upon the revenue generated by the use of such systems. The compensation paid to the
67manufacturer or vendor of the equipment shall be based upon the value of the equipment
68installed and the recurring services provided in support of the school bus violation detection
69monitoring systems including processing of evidence files, cost of the technology provided and
70maintenance of such technology. Said agreement shall only become effective after consent by
71the affected local or regional school department, by vote of a majority of its governing school
72committee. (9) A city or town shall provide reimbursement of expenses to the private vendor or
73manufacturer for the installation, operation and maintenance of the school bus violation detection
74monitoring systems in operation and acknowledged by an agreement between the private vendor
75and the school department that has adopted this section. Unless modified by an agreement with a
76city or town, reimbursement shall be made from ticket revenue proceeds incurred under this 5 of 13
77section only if received as currently allocated under the laws of the Commonwealth for said
78citations so as to eliminate any cost to the city or town for installation, operation and
79maintenance of the school bus violation detection monitoring systems in its municipality. Such
80reimbursement shall be made to the private vendor or manufacturer within 45 days following the
81submittal of request for cost reimbursement. Such reimbursement shall not exceed 50% of the
82ticket revenue proceeds in any preceding period. If such violations occur on highways or roads
83controlled by the Commonwealth, then reimbursement for installing, operating, and maintaining
84school bus violation detection systems shall be permitted from the Commonwealth to the private
85vendor from ticket proceeds pursuant to this section only. (c) (1) An evidence file of the
86alleged violation and the signed affidavit shall be forwarded to a trained law enforcement officer
87in the jurisdiction who is trained to observe and detect a violation for failure to stop for a stopped
88school bus allowing pupils to alight or board the same. The officer shall issue a citation if he or
89she is satisfied that a violation was committed under section 14 and the vehicle committing such
90violation can be indentified from its registration plate. A certificate, or a facsimile thereof sworn
91to or affirmed by a police officer or other law enforcement officer authorized to issue motor
92vehicle citations for violations of traffic laws, stating that based upon inspection of the evidence
93file produced by a school bus violation detection monitoring system, the vehicle was in violation
94of this section, shall be prima facie evidence of the facts contained therein. Any recorded video
95images or still photographic images produced by a school bus violation detection monitoring
96system evidencing the violation shall be available for inspection in any proceeding to adjudicate
97the liability for the violation adopted under this section. (2) In all prosecutions of civil traffic
98violations based on evidence obtained from a school bus violation detection monitoring system
99the registered owner of the motor vehicle shall be primarily responsible pursuant to the 6 of 13
100provisions of this chapter except as otherwise provided in this section. In the event the registered
101owner of the vehicle operated in violation of this chapter was not the operator of the vehicle at
102the time of the violation the registered owner of the vehicle shall either (a) assume liability for
103the violation by paying the fine or; (b) upon written receipt of the citation provide the issuing
104authority within 30 days of the date of issuance, the name, address and registration number
105{license plate}of the operator of the vehicle who was responsible along with a signed affidavit
106acknowledging such or; (c) defend the violation pursuant to the procedures established for traffic
107violations under this section. A vehicle owned or leased to a corporation that is identified by a
108school bus violation detection monitoring system under this section shall be primarily
109responsible for a violation pursuant to section 14 even if a person who normally operates the
110vehicle for the corporation denies that he or she was operating the vehicle at the time of the
111violation although no entry shall be made on the person’s driving record. (3) A penalty imposed
112may, if so provided in writing, be increased by up to 33 1/3% if the penalty remains unpaid in
113excess of 45 days after a citation has been issued consistent with the procedures established in
114this section and there has been no request for a hearing under paragraph (3) of subsection (d).
115(d) (1) Upon the determination of a violation through the use of a school bus violation detection
116monitoring system, it shall be the duty of the chief of police of the city or town, or any designee
117of the chief, to issue the owner or owners of the vehicle a citation pursuant to the provisions of
118Chapter 90C. The citation shall require the owner or owners to pay the fine amount issued
119pursuant to section 14 or appear before the parking clerk not later than 30 days after the date the
120citation was sent under the procedures established pursuant to violations under this section. The
121citation shall be mailed to the address of the registered owner or owners as contained in the
122registry or in records of the Department of Motor Vehicles in the jurisdiction in which the 7 of 13
123vehicle is registered if other than the Commonwealth for any motor vehicle identified by the
124school bus violation detection monitoring system as evidence of a violation of this section.
125Citations shall be mailed by first class mail, post marked no later than 14 days after the date of
126the alleged violation, inclusive of Sundays and holidays. In the case of any motor vehicle
127registered under the laws of another state or country, if the address is unavailable, it shall be
128sufficient to mail the citation to the official in the state or country having charge of the
129registration of the motor vehicle. The citation shall be considered sufficient notice, and a
130certificate of the chief of police or the chief’s designee mailing the citation stating that it has
131been mailed in accordance with this section shall be deemed prima facie evidence thereof and
132shall be admissible in any judicial or administrative proceeding as to the facts contained therein.
133It shall be sufficient to commence a prosecution. The chief or the chief’s designee shall retain
134and safely preserve a copy of the Citation and shall at a time no later than the beginning of the
135next business day of the city or town after mailing to the owner or owners, deliver another copy
136to the parking clerk before whom the owner or owners have been notified to appear. The parking
137clerk shall maintain a docket of all such notices to appear. For purposes of this section, the date
138of issuance shall be the date of mailing. The police officer issuing the citation shall certify that
139the evidence obtained from the school bus violation detection monitoring system was sufficient
140to demonstrate a violation of section 14. Such certification shall be sufficient in all prosecutions
141pursuant to this section to justify the entry of a default judgment in all cases where the citation is
142not answered within the time period permitted under this section. The citation issued by the
143trained law enforcement officer in the jurisdiction shall contain but not be limited to the
144following information: (i) a citation for the violation, which shall include the name and address
145of the person or persons liable as an owner or owners of the motor vehicle for the violation of 8 of 13
146this section, the registration number and state of issuance of the registration number of the
147vehicle involved in the violation, the date, time and location of the violation, the specific
148violation charged, the amount of the penalty for the violation, and the date by which the penalty
149shall be paid; (ii) a copy of two or more still photographs, microphotographs, video or other
150recorded images showing the vehicle in violation of the stop arm traffic sign; (iii) a copy of the
151certificate or affidavit of the police officer under paragraph (1) of subsection (c); (iv) a
152statement that recorded video images and photographic images are evidence of a violation of
153section 14; (v) a schedule of fines for the violation as established by the Commonwealth; (vi)
154instructions for the return of the citation notice including but not limited to the following text:—
155“This notice and the required payment may be returned in person, by mail, or by a duly
156authorized agent. A hearing to contest liability may be obtained upon the written request of the
157registered owner. Failure to pay the penalty or to contest liability within 30 days of issuance of
158this notice is an admission of liability and may result in a default judgment being entered against
159the owner to whom the violation has been issued and/or non-renewal or suspension of the license
160to drive and the certificate of registration of the registered owner.”; (vii) an affidavit form
161approved by the parking clerk for the purpose of complying with paragraph (5);and (viii) a
162statement explaining the procedure to adjudicate the violation by mail under paragraph (6) . (2)
163Any person notified to appear before the parking clerk, as provided in this section, may appear
164before the parking clerk, or his designee, and confess the offense charged, either personally or
165through a duly authorized agent or by mailing to the parking clerk the notice accompanied by the
166fine provided therein, such payment to be made only by postal note, money order or check made
167out to the parking clerk. Payment of the penalty established shall operate as a final disposition of
168the case. (3) Except as expressly provided, all prosecutions based on evidence produced by a 9 of 13
169school bus violation detection monitoring system shall follow the procedures of this section.
170Notwithstanding the installation and use of a live digital video school bus violation detection
171monitoring system on a school bus, a trained police officer in whose presence of motorist failing
172to stop for a stopped school bus as required under section 14, may issue a citation at the scene to
173the operator of such vehicle for such violation pursuant to section 14. An owner of a vehicle
174shall not be liable for a citation as a result of a school bus violation detection monitoring system
175if the operator of the vehicle was cited directly by a police officer at the scene of the violation.
176(4) Should any person notified to appear hereunder fail to appear and, if a penalty is provided
177hereunder, to pay the same, or if the person requests a hearing to contest liability, the parking
178clerk shall forthwith schedule the matter before a person referred to in this section as a hearing
179officer. The hearing officer shall be the parking clerk of the city or town in which the violation
180occurred or any other person or persons that the parking clerk may designate. Written notice of
181the date, time and place of the hearing shall be sent by first-class mail to the registered owner or
182owners. The hearing shall be informal, the rules of evidence shall not apply and the decision of
183the hearing officer shall be final subject to judicial review as provided by Section 14 of Chapter
18430A. Within 21 days of the hearing, the hearing officer shall send by first class mail to the
185registered owner or owners the decision of the hearing officer, including the reasons for the
186outcome. (5) Any owner to whom a citation has been issued shall not be liable for a violation of
187this section (a) if the violation was necessary to allow the passage of an emergency vehicle; (b) if
188the violation was necessary in order to protect the property or person of another; (c) if the
189violation was incurred while participating in a funeral procession; (d) if the violation was
190incurred during a period of time in which the motor vehicle was reported to the police
191department of any state, city or town as having been stolen and had not been recovered before 10 of 13
192the time the violation occurred; (e) if the operator of the motor vehicle was operating the motor
193vehicle under a rental or lease agreement and the owner of the motor vehicle is a rental or leasing
194company; (f) if the operator of the motor vehicle was convicted of the underlying violation under
195a citation issued in accordance with Section 2 of Chapter 90C; (g) if the violation was necessary
196to comply with an order of a law enforcement officer or of a flagger directing traffic flow; or (h)
197if the vehicle was subject to the exceptions granted to an authorized emergency vehicle under
198Section 7B of Chapter 89. An owner disputing a violation under this subsection shall, within 30
199days of issuance of the notice, provide the parking clerk with an affidavit signed under the pains
200and penalties of perjury in a form approved by the parking clerk, as provided for in clause (vii)
201of paragraph (1) of this subsection stating (1) the reason for disputing the violation; (2) the full
202legal name and address of the owner of the motor vehicle; (3) the names and addresses of all
203witnesses supporting the owner’s defense and the specifics of their knowledge; and where
204applicable (4) the signed statements from witnesses. The affidavit shall be filed with the request
205for a hearing. (6) Any person notified to appear before the parking clerk, as provided in this
206paragraph, may without waiving his right to a hearing before the parking clerk or hearing officer
207as provided by this subsection, and also without waiving judicial review under Section 14 of
208Chapter 30A, challenge the validity of the citation and receive a review and disposition of the
209violation from the parking clerk or a hearing officer by mail. The owner may, upon receipt of
210the citation, send a signed statement explaining his objections to the violation notice as well as
211signed statements from witnesses, police officers, government officials and any other relevant
212parties. Photographs, diagrams, maps and other documents may also be sent with the statements.
213Any statements or materials sent to the parking clerk for review shall have attached the person’s
214name and address as well as the citation number and the date of the violation. The parking clerk 11 of 13
215or hearing officer shall, within 21 days of receipt of this material, review the material and
216dismiss or uphold the violation and notify, by mail, the owner or owners of the disposition of the
217written review. If the outcome of the written review is adverse to the owner or owners, the
218parking clerk or hearing officer shall explain the reasons for the outcome on the notice. The
219review and disposition handled by mail shall be informal, the rules of evidence shall not apply,
220and the decision of the parking clerk or hearing officer based upon the written materials shall be
221final, unless the owner invokes the hearing provisions under this section or judicial review under
222Section 14 of Chapter 30A. (7) If any person fails to appear before the hearing officer in
223accordance with the notice, or fails to receive a favorable adjudication of the hearing from a
224hearing officer and fails to pay the fine within 30 days of the date that the hearing officer has
225mailed notice of the decision of the hearing officer, the parking clerk shall notify the registrar of
226motor vehicles, who shall place the matter on record. Upon notification to the registrar of 2 or
227more citations under this section or section 14 from the parking clerk of the city or town, or state
228authorities or agencies, the registrar shall not issue or renew or may suspend the owner’s license
229to operate a motor vehicle or motor vehicle registration until after notification from the parking
230clerk of each city, agency or authority, from whom the registrar received notification, that all
231fines, taxes and penalties owed by the owner under this section have been disposed of in
232accordance with law. Upon such notification to the registrar, an additional charge of $20 payable
233to the registrar but collected by the city or town, and an additional charge of $20 payable to and
234collected by the city or town, shall be assessed against the registered owner of the motor vehicle.
235It shall be the duty of the parking clerk to notify the registrar forthwith that the case has been so
236disposed, but certified receipt of full and final payment from the parking clerk of the city or
237town, or state agency or authority issuing the violation shall also serve as legal notice to the 12 of 13
238registrar that the violation has been disposed of in accordance with law. The certified receipt
239shall be printed in a form approved by the registrar of motor vehicles. (8) Upon the
240accumulation by an owner of 2 or more outstanding citations under this section or section 14 on
241account of violations of any statute, ordinance, order, rule or regulation relating to the operation,
242control or parking of motor vehicles in a particular city or town, notwithstanding any notification
243to the registrar, the parking clerk of the city or town may notify the chief of police or director of
244traffic and parking of the city or town that the vehicle bearing the registration to which the
245notices have been issued shall be removed and stored or otherwise immobilized by a mechanical
246device at the expense of the registered owner of the vehicle until all fines, taxes and penalties
247owed by the owner either under this section, or otherwise arising out of the parking or usage of
248the owner’s motor vehicle, have been disposed of in accordance with law. No vehicle shall be
249removed, stored, or otherwise immobilized unless the owner of the motor vehicle shall have
250received 10 days prior notification by mail that the motor vehicle may be removed, stored, or
251immobilized without further notification. It shall be sufficient for the parking clerk to mail,
252postage prepaid, the notification to the last known address of the registered owner. It shall be
253sufficient for the parking clerk, in the case of a motor vehicle registered in another state or
254country, to mail notification to the official in the state or country having charge of the
255registration of the motor vehicle. (e)(1) Other than for purposes of enforcement of a violation of
256this section and section 14 or for purposes of an owner defending a violation of this section,
257recorded video images and photographs taken or created under this section may only be obtained
258under an order by a court of competent jurisdiction. (2) All recorded video images and other
259photographic information obtained through the use of school bus violation detection monitoring
260systems authorized in this section that do not identify a violation shall be destroyed by any city, 13 of 13
261town, school department or vendor within 30 days of the date the image was recorded, unless
262otherwise ordered by a court of competent jurisdiction. All photographic and other recorded
263information that identifies a violation shall be destroyed within 1 year of final disposition of
264proceedings related to the enforcement or defense of a violation, unless otherwise ordered by a
265court of competent jurisdiction. Each city, town, school department, and vendor under agreement
266utilizing 1 or more school bus violation detection monitoring systems shall file notice attested
267under penalties of perjury annually within 30 days of the close of the fiscal year with the
268secretary of state that these records have been destroyed in accordance with this paragraph. All
269recorded video, audio and other photographic information, however stored or retained, which is
270obtained through systems authorized in this section are the property of the municipality under
271agreement with a vendor and may not be used by a vendor for any other purposes; upon the
272expiration of any agreement authorized under this section, all of said video, audio, and/or other
273photographic information shall be delivered within 30 days to the particular municipality unless
274otherwise ordered by a court of competent jurisdiction. (3) The administrator of the school bus
275violation detection monitoring system within any city or town accepting this section shall also
276submit an annual report to the Massachusetts Department of Transportation regarding the use
277and operation of the monitoring system. This annual report shall contain data on the number of
278citations issued under this section at each particular intersection, and of those citations, shall
279detail the number paid without a request for a hearing; the number found responsible after a
280hearing; and the number dismissed after a hearing. In addition, the report shall also include the
281cost to maintain each said monitoring system and the amount of revenue obtained from each said
282monitoring system.