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2 | 2 | | HOUSE DOCKET, NO. 435 FILED ON: 1/12/2023 |
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3 | 3 | | HOUSE . . . . . . . . . . . . . . . No. 3440 |
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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 | | William M. Straus |
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8 | 8 | | _________________ |
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9 | 9 | | To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General |
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10 | 10 | | Court assembled: |
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11 | 11 | | The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill: |
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12 | 12 | | An Act concerning the safety of school children embarking and disembarking school buses. |
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13 | 13 | | _______________ |
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14 | 14 | | PETITION OF: |
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15 | 15 | | NAME:DISTRICT/ADDRESS :DATE ADDED:William M. Straus10th Bristol1/12/2023Thomas P. Walsh12th Essex1/18/2023Sally P. Kerans13th Essex1/20/2023 1 of 13 |
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16 | 16 | | HOUSE DOCKET, NO. 435 FILED ON: 1/12/2023 |
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17 | 17 | | HOUSE . . . . . . . . . . . . . . . No. 3440 |
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18 | 18 | | By Representative Straus of Mattapoisett, a petition (accompanied by bill, House, No. 3440) of |
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19 | 19 | | William M. Straus, Thomas P. Walsh and Sally P. Kerans for legislation to authorize the |
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20 | 20 | | installation and operation of digital video violation detection monitoring systems to detect |
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21 | 21 | | drivers failing to stop for school buses. Transportation. |
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22 | 22 | | [SIMILAR MATTER FILED IN PREVIOUS SESSION |
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23 | 23 | | SEE HOUSE, NO. 3607 OF 2021-2022.] |
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24 | 24 | | The Commonwealth of Massachusetts |
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25 | 25 | | _______________ |
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26 | 26 | | In the One Hundred and Ninety-Third General Court |
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27 | 27 | | (2023-2024) |
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28 | 28 | | _______________ |
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29 | 29 | | An Act concerning the safety of school children embarking and disembarking school buses. |
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30 | 30 | | Whereas, The deferred operation of this act would tend to defeat its purpose, which is to |
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31 | 31 | | safeguard student safety, therefore it is hereby declared to be an emergency law, necessary for |
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32 | 32 | | the immediate preservation of the public safety. |
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33 | 33 | | Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority |
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34 | 34 | | of the same, as follows: |
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35 | 35 | | 1 SECTION 1. Section 14 of Chapter 90 of the General Laws is hereby amended by |
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36 | 36 | | 2inserting after section 14B the following section:- |
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37 | 37 | | 3 Section 14C. (a) In addition to other monitoring devices lawfully authorized to be |
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38 | 38 | | 4installed in school buses and notwithstanding any general or special law to the contrary, any city |
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39 | 39 | | 5or town within the Commonwealth is hereby authorized to install and operate live digital video |
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40 | 40 | | 6school bus violation detection monitoring systems for purpose of enforcing violations against the |
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41 | 41 | | 7owner of a motor vehicle whose vehicle failed to stop for a school bus when required to do so by 2 of 13 |
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42 | 42 | | 8the provisions of Section 14. Such systems shall be limited to monitor and detect violations of |
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43 | 43 | | 9motorists failing to stop for a school bus. (b) (1) As used in this section, the following words |
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44 | 44 | | 10shall have the following meanings: “School bus violation detection monitoring system” a |
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45 | 45 | | 11camera system that shall monitor and detect motor vehicles overtaking or passing school buses |
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46 | 46 | | 12when said buses are stopped and displaying front and rear alternating flashing red signal lamps |
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47 | 47 | | 13as provided in section seven B, and which has been stopped to allow pupils to alight from or |
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48 | 48 | | 14board the same. It shall be a system with two or more camera sensors and computers that |
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49 | 49 | | 15produce live digital and recorded video and 2 or more film or digital photographic still images of |
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50 | 50 | | 16each motor vehicle at the time it is used or operated in a manner that is in violation of Section 14 |
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51 | 51 | | 17of Chapter 90. “Stop arm traffic control sign” a stop sign mounted on a mechanical arm |
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52 | 52 | | 18installed on a school bus which is deployed when a school bus is stopped to allow pupils to alight |
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53 | 53 | | 19from or board the same and notify motorists when it they are required to stop and when they can |
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54 | 54 | | 20proceed. “Violation” the failure of an operator of a motor vehicle to comply with the laws, |
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55 | 55 | | 21codes, regulations, by-laws, ordinances, rules or other forms of legislation governing the traffic |
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56 | 56 | | 22control requirements for school buses stopped to allow pupils to alight from or board same for |
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57 | 57 | | 23which a school bus violation detection monitoring system is installed and in operation. (2) All |
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58 | 58 | | 24systems installed for use under this section shall produce an evidence file that includes a live |
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59 | 59 | | 25visual image viewable remotely, a recorded image of the license plate and be able to record the |
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60 | 60 | | 26date, time and location of the vehicle committing the violation. An affidavit shall be signed by a |
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61 | 61 | | 27person trained to observe and detect such violations who witnesses the violation via live video |
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62 | 62 | | 28provided by the school bus violation detection monitoring system. (3) Recorded video images |
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63 | 63 | | 29and still photographic images must record the rear of the motor vehicle, with at least 1 |
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64 | 64 | | 30photographic image and one recorded video image clearly recording the motor vehicle 3 of 13 |
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65 | 65 | | 31immediately before the violation of the stop arm traffic control sign and at least 1 photographic |
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66 | 66 | | 32image and one recorded video image recording the motor vehicle passing the stopped school bus |
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67 | 67 | | 33with the stop arm traffic control sign deployed in violation of the stop arm traffic control sign. |
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68 | 68 | | 34Additionally, at least 1 photographic image and 1 recorded video image must clearly identify the |
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69 | 69 | | 35license plate of the motor vehicle. (4) To the extent practicable, any school bus violation |
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70 | 70 | | 36detection monitoring system shall use necessary technologies to ensure that photographs or |
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71 | 71 | | 37recorded video images produced by the school bus violation detection monitoring system shall |
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72 | 72 | | 38not include a frontal view photograph or video image of the motor vehicle that is in violation of |
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73 | 73 | | 39the stop arm traffic control sign or images that identify the operator, the passengers, or the |
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74 | 74 | | 40contents of the vehicle, but no notice of liability issued under this section shall be dismissed |
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75 | 75 | | 41solely because a photograph or recorded video image allow for the identification of the operator, |
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76 | 76 | | 42passengers, or contents of a vehicle as long as a reasonable effort has been made to comply with |
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77 | 77 | | 43this paragraph. (5) Any school bus installed with a school bus violation detection monitoring |
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78 | 78 | | 44system shall post warning signage indicating the use of such system. The signage shall remain on |
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79 | 79 | | 45each bus as long as a school bus violation detection monitoring system is in operation. (6) A |
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80 | 80 | | 46penalty imposed for a violation of this section shall not be considered a criminal conviction and |
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81 | 81 | | 47shall not be considered a moving violation of the motor vehicle laws for the purpose of |
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82 | 82 | | 48determining surcharges on motor vehicle premiums pursuant to Section113B of Chapter 175 |
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83 | 83 | | 49although as provided in this section the violation shall be noted on the registered owner or |
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84 | 84 | | 50owner’s driving record. (7) The fines contained in this section and section 14 for a failure to |
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85 | 85 | | 51stop for a school bus shall be applied whether the violation is detected through the use of a |
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86 | 86 | | 52school bus mounted violation detection monitoring system or by a police officer on scene who |
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87 | 87 | | 53issues a written citation to the operator of the motor vehicle. Pursuant to the provisions of 4 of 13 |
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88 | 88 | | 54Section 2 of Chapter 280, all fines imposed for a violation of failing to stop for school bus in |
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89 | 89 | | 55accordance with section 14 that is detected by a school bus violation detection monitoring system |
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90 | 90 | | 56or by a police officer who cites the operator in hand shall be paid over to the treasury of the city |
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91 | 91 | | 57or town where the offense was committed. (8) Wherever an agreement under this section is to |
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92 | 92 | | 58take effect upon its acceptance by a municipality or district, or is to be effective in municipalities |
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93 | 93 | | 59or districts accepting its provisions, this acceptance shall be, except as otherwise provided, in a |
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94 | 94 | | 60municipality, by vote of the legislative body, subject to the charter of the municipality, or, in a |
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95 | 95 | | 61district, by vote of the district at a district meeting. A city or town may enter into an agreement |
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96 | 96 | | 62with a private vendor or manufacturer to provide a school bus violation detection monitoring |
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97 | 97 | | 63system on each bus within its fleet whether owned or leased, up to and including the installation, |
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98 | 98 | | 64operation and maintenance of such systems. Compensation paid to the manufacturer or vendor |
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99 | 99 | | 65of the school bus violation detection monitoring system as authorized by this section shall not be |
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100 | 100 | | 66based upon the revenue generated by the use of such systems. The compensation paid to the |
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101 | 101 | | 67manufacturer or vendor of the equipment shall be based upon the value of the equipment |
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102 | 102 | | 68installed and the recurring services provided in support of the school bus violation detection |
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103 | 103 | | 69monitoring systems including processing of evidence files, cost of the technology provided and |
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104 | 104 | | 70maintenance of such technology. Said agreement shall only become effective after consent by |
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105 | 105 | | 71the affected local or regional school department, by vote of a majority of its governing school |
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106 | 106 | | 72committee. (9) A city or town shall provide reimbursement of expenses to the private vendor or |
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107 | 107 | | 73manufacturer for the installation, operation and maintenance of the school bus violation detection |
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108 | 108 | | 74monitoring systems in operation and acknowledged by an agreement between the private vendor |
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109 | 109 | | 75and the school department that has adopted this section. Unless modified by an agreement with a |
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110 | 110 | | 76city or town, reimbursement shall be made from ticket revenue proceeds incurred under this 5 of 13 |
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111 | 111 | | 77section only if received as currently allocated under the laws of the Commonwealth for said |
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112 | 112 | | 78citations so as to eliminate any cost to the city or town for installation, operation and |
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113 | 113 | | 79maintenance of the school bus violation detection monitoring systems in its municipality. Such |
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114 | 114 | | 80reimbursement shall be made to the private vendor or manufacturer within 45 days following the |
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115 | 115 | | 81submittal of request for cost reimbursement. Such reimbursement shall not exceed 50% of the |
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116 | 116 | | 82ticket revenue proceeds in any preceding period. If such violations occur on highways or roads |
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117 | 117 | | 83controlled by the Commonwealth, then reimbursement for installing, operating, and maintaining |
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118 | 118 | | 84school bus violation detection systems shall be permitted from the Commonwealth to the private |
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119 | 119 | | 85vendor from ticket proceeds pursuant to this section only. (c) (1) An evidence file of the |
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120 | 120 | | 86alleged violation and the signed affidavit shall be forwarded to a trained law enforcement officer |
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121 | 121 | | 87in the jurisdiction who is trained to observe and detect a violation for failure to stop for a stopped |
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122 | 122 | | 88school bus allowing pupils to alight or board the same. The officer shall issue a citation if he or |
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123 | 123 | | 89she is satisfied that a violation was committed under section 14 and the vehicle committing such |
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124 | 124 | | 90violation can be indentified from its registration plate. A certificate, or a facsimile thereof sworn |
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125 | 125 | | 91to or affirmed by a police officer or other law enforcement officer authorized to issue motor |
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126 | 126 | | 92vehicle citations for violations of traffic laws, stating that based upon inspection of the evidence |
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127 | 127 | | 93file produced by a school bus violation detection monitoring system, the vehicle was in violation |
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128 | 128 | | 94of this section, shall be prima facie evidence of the facts contained therein. Any recorded video |
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129 | 129 | | 95images or still photographic images produced by a school bus violation detection monitoring |
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130 | 130 | | 96system evidencing the violation shall be available for inspection in any proceeding to adjudicate |
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131 | 131 | | 97the liability for the violation adopted under this section. (2) In all prosecutions of civil traffic |
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132 | 132 | | 98violations based on evidence obtained from a school bus violation detection monitoring system |
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133 | 133 | | 99the registered owner of the motor vehicle shall be primarily responsible pursuant to the 6 of 13 |
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134 | 134 | | 100provisions of this chapter except as otherwise provided in this section. In the event the registered |
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135 | 135 | | 101owner of the vehicle operated in violation of this chapter was not the operator of the vehicle at |
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136 | 136 | | 102the time of the violation the registered owner of the vehicle shall either (a) assume liability for |
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137 | 137 | | 103the violation by paying the fine or; (b) upon written receipt of the citation provide the issuing |
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138 | 138 | | 104authority within 30 days of the date of issuance, the name, address and registration number |
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139 | 139 | | 105{license plate}of the operator of the vehicle who was responsible along with a signed affidavit |
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140 | 140 | | 106acknowledging such or; (c) defend the violation pursuant to the procedures established for traffic |
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141 | 141 | | 107violations under this section. A vehicle owned or leased to a corporation that is identified by a |
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142 | 142 | | 108school bus violation detection monitoring system under this section shall be primarily |
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143 | 143 | | 109responsible for a violation pursuant to section 14 even if a person who normally operates the |
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144 | 144 | | 110vehicle for the corporation denies that he or she was operating the vehicle at the time of the |
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145 | 145 | | 111violation although no entry shall be made on the person’s driving record. (3) A penalty imposed |
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146 | 146 | | 112may, if so provided in writing, be increased by up to 33 1/3% if the penalty remains unpaid in |
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147 | 147 | | 113excess of 45 days after a citation has been issued consistent with the procedures established in |
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148 | 148 | | 114this section and there has been no request for a hearing under paragraph (3) of subsection (d). |
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149 | 149 | | 115(d) (1) Upon the determination of a violation through the use of a school bus violation detection |
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150 | 150 | | 116monitoring system, it shall be the duty of the chief of police of the city or town, or any designee |
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151 | 151 | | 117of the chief, to issue the owner or owners of the vehicle a citation pursuant to the provisions of |
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152 | 152 | | 118Chapter 90C. The citation shall require the owner or owners to pay the fine amount issued |
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153 | 153 | | 119pursuant to section 14 or appear before the parking clerk not later than 30 days after the date the |
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154 | 154 | | 120citation was sent under the procedures established pursuant to violations under this section. The |
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155 | 155 | | 121citation shall be mailed to the address of the registered owner or owners as contained in the |
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156 | 156 | | 122registry or in records of the Department of Motor Vehicles in the jurisdiction in which the 7 of 13 |
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157 | 157 | | 123vehicle is registered if other than the Commonwealth for any motor vehicle identified by the |
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158 | 158 | | 124school bus violation detection monitoring system as evidence of a violation of this section. |
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159 | 159 | | 125Citations shall be mailed by first class mail, post marked no later than 14 days after the date of |
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160 | 160 | | 126the alleged violation, inclusive of Sundays and holidays. In the case of any motor vehicle |
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161 | 161 | | 127registered under the laws of another state or country, if the address is unavailable, it shall be |
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162 | 162 | | 128sufficient to mail the citation to the official in the state or country having charge of the |
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163 | 163 | | 129registration of the motor vehicle. The citation shall be considered sufficient notice, and a |
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164 | 164 | | 130certificate of the chief of police or the chief’s designee mailing the citation stating that it has |
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165 | 165 | | 131been mailed in accordance with this section shall be deemed prima facie evidence thereof and |
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166 | 166 | | 132shall be admissible in any judicial or administrative proceeding as to the facts contained therein. |
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167 | 167 | | 133It shall be sufficient to commence a prosecution. The chief or the chief’s designee shall retain |
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168 | 168 | | 134and safely preserve a copy of the Citation and shall at a time no later than the beginning of the |
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169 | 169 | | 135next business day of the city or town after mailing to the owner or owners, deliver another copy |
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170 | 170 | | 136to the parking clerk before whom the owner or owners have been notified to appear. The parking |
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171 | 171 | | 137clerk shall maintain a docket of all such notices to appear. For purposes of this section, the date |
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172 | 172 | | 138of issuance shall be the date of mailing. The police officer issuing the citation shall certify that |
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173 | 173 | | 139the evidence obtained from the school bus violation detection monitoring system was sufficient |
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174 | 174 | | 140to demonstrate a violation of section 14. Such certification shall be sufficient in all prosecutions |
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175 | 175 | | 141pursuant to this section to justify the entry of a default judgment in all cases where the citation is |
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176 | 176 | | 142not answered within the time period permitted under this section. The citation issued by the |
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177 | 177 | | 143trained law enforcement officer in the jurisdiction shall contain but not be limited to the |
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178 | 178 | | 144following information: (i) a citation for the violation, which shall include the name and address |
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179 | 179 | | 145of the person or persons liable as an owner or owners of the motor vehicle for the violation of 8 of 13 |
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180 | 180 | | 146this section, the registration number and state of issuance of the registration number of the |
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181 | 181 | | 147vehicle involved in the violation, the date, time and location of the violation, the specific |
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182 | 182 | | 148violation charged, the amount of the penalty for the violation, and the date by which the penalty |
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183 | 183 | | 149shall be paid; (ii) a copy of two or more still photographs, microphotographs, video or other |
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184 | 184 | | 150recorded images showing the vehicle in violation of the stop arm traffic sign; (iii) a copy of the |
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185 | 185 | | 151certificate or affidavit of the police officer under paragraph (1) of subsection (c); (iv) a |
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186 | 186 | | 152statement that recorded video images and photographic images are evidence of a violation of |
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187 | 187 | | 153section 14; (v) a schedule of fines for the violation as established by the Commonwealth; (vi) |
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188 | 188 | | 154instructions for the return of the citation notice including but not limited to the following text:— |
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189 | 189 | | 155“This notice and the required payment may be returned in person, by mail, or by a duly |
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190 | 190 | | 156authorized agent. A hearing to contest liability may be obtained upon the written request of the |
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191 | 191 | | 157registered owner. Failure to pay the penalty or to contest liability within 30 days of issuance of |
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192 | 192 | | 158this notice is an admission of liability and may result in a default judgment being entered against |
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193 | 193 | | 159the owner to whom the violation has been issued and/or non-renewal or suspension of the license |
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194 | 194 | | 160to drive and the certificate of registration of the registered owner.”; (vii) an affidavit form |
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195 | 195 | | 161approved by the parking clerk for the purpose of complying with paragraph (5);and (viii) a |
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196 | 196 | | 162statement explaining the procedure to adjudicate the violation by mail under paragraph (6) . (2) |
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197 | 197 | | 163Any person notified to appear before the parking clerk, as provided in this section, may appear |
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198 | 198 | | 164before the parking clerk, or his designee, and confess the offense charged, either personally or |
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199 | 199 | | 165through a duly authorized agent or by mailing to the parking clerk the notice accompanied by the |
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200 | 200 | | 166fine provided therein, such payment to be made only by postal note, money order or check made |
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201 | 201 | | 167out to the parking clerk. Payment of the penalty established shall operate as a final disposition of |
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202 | 202 | | 168the case. (3) Except as expressly provided, all prosecutions based on evidence produced by a 9 of 13 |
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203 | 203 | | 169school bus violation detection monitoring system shall follow the procedures of this section. |
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204 | 204 | | 170Notwithstanding the installation and use of a live digital video school bus violation detection |
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205 | 205 | | 171monitoring system on a school bus, a trained police officer in whose presence of motorist failing |
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206 | 206 | | 172to stop for a stopped school bus as required under section 14, may issue a citation at the scene to |
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207 | 207 | | 173the operator of such vehicle for such violation pursuant to section 14. An owner of a vehicle |
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208 | 208 | | 174shall not be liable for a citation as a result of a school bus violation detection monitoring system |
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209 | 209 | | 175if the operator of the vehicle was cited directly by a police officer at the scene of the violation. |
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210 | 210 | | 176(4) Should any person notified to appear hereunder fail to appear and, if a penalty is provided |
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211 | 211 | | 177hereunder, to pay the same, or if the person requests a hearing to contest liability, the parking |
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212 | 212 | | 178clerk shall forthwith schedule the matter before a person referred to in this section as a hearing |
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213 | 213 | | 179officer. The hearing officer shall be the parking clerk of the city or town in which the violation |
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214 | 214 | | 180occurred or any other person or persons that the parking clerk may designate. Written notice of |
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215 | 215 | | 181the date, time and place of the hearing shall be sent by first-class mail to the registered owner or |
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216 | 216 | | 182owners. The hearing shall be informal, the rules of evidence shall not apply and the decision of |
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217 | 217 | | 183the hearing officer shall be final subject to judicial review as provided by Section 14 of Chapter |
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218 | 218 | | 18430A. Within 21 days of the hearing, the hearing officer shall send by first class mail to the |
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219 | 219 | | 185registered owner or owners the decision of the hearing officer, including the reasons for the |
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220 | 220 | | 186outcome. (5) Any owner to whom a citation has been issued shall not be liable for a violation of |
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221 | 221 | | 187this section (a) if the violation was necessary to allow the passage of an emergency vehicle; (b) if |
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222 | 222 | | 188the violation was necessary in order to protect the property or person of another; (c) if the |
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223 | 223 | | 189violation was incurred while participating in a funeral procession; (d) if the violation was |
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224 | 224 | | 190incurred during a period of time in which the motor vehicle was reported to the police |
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225 | 225 | | 191department of any state, city or town as having been stolen and had not been recovered before 10 of 13 |
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226 | 226 | | 192the time the violation occurred; (e) if the operator of the motor vehicle was operating the motor |
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227 | 227 | | 193vehicle under a rental or lease agreement and the owner of the motor vehicle is a rental or leasing |
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228 | 228 | | 194company; (f) if the operator of the motor vehicle was convicted of the underlying violation under |
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229 | 229 | | 195a citation issued in accordance with Section 2 of Chapter 90C; (g) if the violation was necessary |
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230 | 230 | | 196to comply with an order of a law enforcement officer or of a flagger directing traffic flow; or (h) |
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231 | 231 | | 197if the vehicle was subject to the exceptions granted to an authorized emergency vehicle under |
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232 | 232 | | 198Section 7B of Chapter 89. An owner disputing a violation under this subsection shall, within 30 |
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233 | 233 | | 199days of issuance of the notice, provide the parking clerk with an affidavit signed under the pains |
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234 | 234 | | 200and penalties of perjury in a form approved by the parking clerk, as provided for in clause (vii) |
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235 | 235 | | 201of paragraph (1) of this subsection stating (1) the reason for disputing the violation; (2) the full |
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236 | 236 | | 202legal name and address of the owner of the motor vehicle; (3) the names and addresses of all |
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237 | 237 | | 203witnesses supporting the owner’s defense and the specifics of their knowledge; and where |
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238 | 238 | | 204applicable (4) the signed statements from witnesses. The affidavit shall be filed with the request |
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239 | 239 | | 205for a hearing. (6) Any person notified to appear before the parking clerk, as provided in this |
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240 | 240 | | 206paragraph, may without waiving his right to a hearing before the parking clerk or hearing officer |
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241 | 241 | | 207as provided by this subsection, and also without waiving judicial review under Section 14 of |
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242 | 242 | | 208Chapter 30A, challenge the validity of the citation and receive a review and disposition of the |
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243 | 243 | | 209violation from the parking clerk or a hearing officer by mail. The owner may, upon receipt of |
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244 | 244 | | 210the citation, send a signed statement explaining his objections to the violation notice as well as |
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245 | 245 | | 211signed statements from witnesses, police officers, government officials and any other relevant |
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246 | 246 | | 212parties. Photographs, diagrams, maps and other documents may also be sent with the statements. |
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247 | 247 | | 213Any statements or materials sent to the parking clerk for review shall have attached the person’s |
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248 | 248 | | 214name and address as well as the citation number and the date of the violation. The parking clerk 11 of 13 |
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249 | 249 | | 215or hearing officer shall, within 21 days of receipt of this material, review the material and |
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250 | 250 | | 216dismiss or uphold the violation and notify, by mail, the owner or owners of the disposition of the |
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251 | 251 | | 217written review. If the outcome of the written review is adverse to the owner or owners, the |
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252 | 252 | | 218parking clerk or hearing officer shall explain the reasons for the outcome on the notice. The |
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253 | 253 | | 219review and disposition handled by mail shall be informal, the rules of evidence shall not apply, |
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254 | 254 | | 220and the decision of the parking clerk or hearing officer based upon the written materials shall be |
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255 | 255 | | 221final, unless the owner invokes the hearing provisions under this section or judicial review under |
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256 | 256 | | 222Section 14 of Chapter 30A. (7) If any person fails to appear before the hearing officer in |
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257 | 257 | | 223accordance with the notice, or fails to receive a favorable adjudication of the hearing from a |
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258 | 258 | | 224hearing officer and fails to pay the fine within 30 days of the date that the hearing officer has |
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259 | 259 | | 225mailed notice of the decision of the hearing officer, the parking clerk shall notify the registrar of |
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260 | 260 | | 226motor vehicles, who shall place the matter on record. Upon notification to the registrar of 2 or |
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261 | 261 | | 227more citations under this section or section 14 from the parking clerk of the city or town, or state |
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262 | 262 | | 228authorities or agencies, the registrar shall not issue or renew or may suspend the owner’s license |
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263 | 263 | | 229to operate a motor vehicle or motor vehicle registration until after notification from the parking |
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264 | 264 | | 230clerk of each city, agency or authority, from whom the registrar received notification, that all |
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265 | 265 | | 231fines, taxes and penalties owed by the owner under this section have been disposed of in |
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266 | 266 | | 232accordance with law. Upon such notification to the registrar, an additional charge of $20 payable |
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267 | 267 | | 233to the registrar but collected by the city or town, and an additional charge of $20 payable to and |
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268 | 268 | | 234collected by the city or town, shall be assessed against the registered owner of the motor vehicle. |
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269 | 269 | | 235It shall be the duty of the parking clerk to notify the registrar forthwith that the case has been so |
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270 | 270 | | 236disposed, but certified receipt of full and final payment from the parking clerk of the city or |
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271 | 271 | | 237town, or state agency or authority issuing the violation shall also serve as legal notice to the 12 of 13 |
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272 | 272 | | 238registrar that the violation has been disposed of in accordance with law. The certified receipt |
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273 | 273 | | 239shall be printed in a form approved by the registrar of motor vehicles. (8) Upon the |
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274 | 274 | | 240accumulation by an owner of 2 or more outstanding citations under this section or section 14 on |
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275 | 275 | | 241account of violations of any statute, ordinance, order, rule or regulation relating to the operation, |
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276 | 276 | | 242control or parking of motor vehicles in a particular city or town, notwithstanding any notification |
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277 | 277 | | 243to the registrar, the parking clerk of the city or town may notify the chief of police or director of |
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278 | 278 | | 244traffic and parking of the city or town that the vehicle bearing the registration to which the |
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279 | 279 | | 245notices have been issued shall be removed and stored or otherwise immobilized by a mechanical |
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280 | 280 | | 246device at the expense of the registered owner of the vehicle until all fines, taxes and penalties |
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281 | 281 | | 247owed by the owner either under this section, or otherwise arising out of the parking or usage of |
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282 | 282 | | 248the owner’s motor vehicle, have been disposed of in accordance with law. No vehicle shall be |
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283 | 283 | | 249removed, stored, or otherwise immobilized unless the owner of the motor vehicle shall have |
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284 | 284 | | 250received 10 days prior notification by mail that the motor vehicle may be removed, stored, or |
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285 | 285 | | 251immobilized without further notification. It shall be sufficient for the parking clerk to mail, |
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286 | 286 | | 252postage prepaid, the notification to the last known address of the registered owner. It shall be |
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287 | 287 | | 253sufficient for the parking clerk, in the case of a motor vehicle registered in another state or |
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288 | 288 | | 254country, to mail notification to the official in the state or country having charge of the |
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289 | 289 | | 255registration of the motor vehicle. (e)(1) Other than for purposes of enforcement of a violation of |
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290 | 290 | | 256this section and section 14 or for purposes of an owner defending a violation of this section, |
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291 | 291 | | 257recorded video images and photographs taken or created under this section may only be obtained |
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292 | 292 | | 258under an order by a court of competent jurisdiction. (2) All recorded video images and other |
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293 | 293 | | 259photographic information obtained through the use of school bus violation detection monitoring |
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294 | 294 | | 260systems authorized in this section that do not identify a violation shall be destroyed by any city, 13 of 13 |
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295 | 295 | | 261town, school department or vendor within 30 days of the date the image was recorded, unless |
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296 | 296 | | 262otherwise ordered by a court of competent jurisdiction. All photographic and other recorded |
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297 | 297 | | 263information that identifies a violation shall be destroyed within 1 year of final disposition of |
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298 | 298 | | 264proceedings related to the enforcement or defense of a violation, unless otherwise ordered by a |
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299 | 299 | | 265court of competent jurisdiction. Each city, town, school department, and vendor under agreement |
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300 | 300 | | 266utilizing 1 or more school bus violation detection monitoring systems shall file notice attested |
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301 | 301 | | 267under penalties of perjury annually within 30 days of the close of the fiscal year with the |
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302 | 302 | | 268secretary of state that these records have been destroyed in accordance with this paragraph. All |
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303 | 303 | | 269recorded video, audio and other photographic information, however stored or retained, which is |
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304 | 304 | | 270obtained through systems authorized in this section are the property of the municipality under |
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305 | 305 | | 271agreement with a vendor and may not be used by a vendor for any other purposes; upon the |
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306 | 306 | | 272expiration of any agreement authorized under this section, all of said video, audio, and/or other |
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307 | 307 | | 273photographic information shall be delivered within 30 days to the particular municipality unless |
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308 | 308 | | 274otherwise ordered by a court of competent jurisdiction. (3) The administrator of the school bus |
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309 | 309 | | 275violation detection monitoring system within any city or town accepting this section shall also |
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310 | 310 | | 276submit an annual report to the Massachusetts Department of Transportation regarding the use |
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311 | 311 | | 277and operation of the monitoring system. This annual report shall contain data on the number of |
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312 | 312 | | 278citations issued under this section at each particular intersection, and of those citations, shall |
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313 | 313 | | 279detail the number paid without a request for a hearing; the number found responsible after a |
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314 | 314 | | 280hearing; and the number dismissed after a hearing. In addition, the report shall also include the |
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315 | 315 | | 281cost to maintain each said monitoring system and the amount of revenue obtained from each said |
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316 | 316 | | 282monitoring system. |
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