Massachusetts 2023-2024 Regular Session

Massachusetts House Bill H4166 Compare Versions

Only one version of the bill is available at this time.

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1	1	1 of 2
2	2	HOUSE DOCKET, NO. 4482 FILED ON: 7/20/2023
3	3	HOUSE . . . . . . . . . . . . . . . No. 4166
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Steven Owens
8	8	_________________
9	9	To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
10	10	Court assembled:
11	11	The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
12	12	An Act authorizing the city of Cambridge to employ automated enforcement.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :DATE ADDED:Steven Owens29th Middlesex7/20/2023Councilor Patricia Nolan184 Huron Avenue, Cambridge, MA
16	16	02138
17	17	7/20/2023Vice Mayor Alanna Mallon3 Maple Avenue, Cambridge, MA
18	18	02139
19	19	7/20/2023Councillor Burhan Azeem35 Speridakis Terrace, Cambridge,
20	20	MA 02139
21	21	7/20/2023Councillor Dennis J. Carlone9 Washington Avenue #6, Cambridge,
22	22	MA 02140
23	23	7/20/2023Councillor E. Denise Simmons195 Brookline Street, Cambridge, MA
24	24	02139
25	25	7/20/2023Councillor Marc C. McGovern15 Pleasant Street #2, Cambridge, MA
26	26	02139
27	27	7/20/2023Councillor Paul F. Toner24 Newman Street, Cambridge, MA
28	28	02140
29	29	7/20/2023Councillor Quinton Zondervan235 Cardinal Medeiros Avenue,
30	30	Cambridge, MA 02141
31	31	7/20/2023Mayor Sumbul Siddiqui795 Massachusetts Avenue, 7/20/2023 2 of 2
32	32	Cambridge, MA 02139Mike Connolly26th Middlesex7/26/2023 1 of 11
33	33	HOUSE DOCKET, NO. 4482 FILED ON: 7/20/2023
34	34	HOUSE . . . . . . . . . . . . . . . No. 4166
35	35	By Representative Owens of Watertown, a petition (subject to Joint Rule 12) of Steven Owens
36	36	and others (with the approval of the city council) that the city of Cambridge be authorized to
37	37	install automated road safety camera systems as a means of promoting traffic safety in said city.
38	38	Transportation. [Local Approval Received.]
39	39	The Commonwealth of Massachusetts
40	40	_______________
41	41	In the One Hundred and Ninety-Third General Court
42	42	(2023-2024)
43	43	_______________
44	44	An Act authorizing the city of Cambridge to employ automated enforcement.
45	45	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
46	46	of the same, as follows:
47	47	1 Section 1.
48	48	2 As used in this chapter, the following words shall, unless the context clearly requires
49	49	3otherwise, have the following meanings:
50	50	4 "Automated Road Safety Camera System" shall mean an automated motor vehicle sensor
51	51	5device installed which produces digital photographs and may record the speed of each motor
52	52	6vehicle at the time it is operated in a manner that is in violation of traffic laws and regulations
53	53	7where the automated road camera safety system is located.
54	54	8 “Camera Enforceable Violation” shall mean any of the following violations of a traffic
55	55	9law or regulation: (i) failing to stop at a steady red indication in a traffic control signal at an
56	56	10intersection pursuant to section 9 of chapter 89; (ii) exceeding the speed limit in violation of
57	57	11section 17, section 18, or section 18B of chapter 90; or (iii) operating, parking or causing a motor 2 of 11
58	58	12vehicle to stand in a lane designated for the exclusive use of buses unless otherwise regulated or
59	59	13posted by an official traffic signal, sign or marking or at the direction of an authorized police
60	60	14officer.
61	61	15 “Municipal designee”, the municipal entity designated by the city manager to supervise
62	62	16and coordinate the administration of camera enforceable violations under this chapter.
63	63	17 Section 2.
64	64	18 (a) The City of Cambridge (“The City”) may install an automated road safety camera
65	65	19system as a means of promoting traffic safety. The automated road safety camera system may be
66	66	20placed: (i) along any portion of any way within the City’s control; or (ii) along any portion of
67	67	21any way within the control of the Commonwealth, other than a limited access highway, with
68	68	22written permission from the Massachusetts Department of Transportation or the department of
69	69	23conservation and recreation; provided further, that the City may impose a penalty for a camera
70	70	24enforceable violation on the registered owner of a motor vehicle pursuant to section 3.
71	71	25 (b) Annually, not later than December 1, the City shall transmit a report to the Cambridge
72	72	26City Council that details each automated road safety camera system located in the City or
73	73	27proposed to be located in the City. The report shall include, but not be limited to: (i) a list of the
74	74	28locations of each automated road safety camera system in the City; (ii) an analysis of the nexus
75	75	29between public safety and each location’s automated road safety camera system; and (iii) the
76	76	30number of fines and warnings issued for camera enforceable violations pursuant to section 3; (iv)
77	77	31records of the maintenance and calibration of each location’s automated road safety camera
78	78	32system; (v) crash data at each separate location of an automated road safety camera system; (vi) 3 of 11
79	79	33an analysis of the frequency of traffic stops by the City’s police force prior to and after the
80	80	34implementation of an automated road safety camera system.
81	81	35 Section 3.
82	82	36 (a) The fine imposed for a violation issued pursuant to this chapter shall be no more than
83	83	37the amount that the fine would be if a citation for the underlying violation had been issued in
84	84	38accordance with section 2 of chapter 90C of the General Laws. For violations issued pursuant to
85	85	39this chapter, except as provided in section 4, the owner or owners of a vehicle shall be liable for
86	86	40the fine, however, no owner of a vehicle shall be responsible for a violation issued pursuant to
87	87	41this chapter where the operator of the motor vehicle was issued a citation for the underlying
88	88	42violation in accordance with section 2 of chapter 90C of the General Laws. The City may send a
89	89	43written warning to the owner or owners in lieu of enforcement for the purpose of education.
90	90	44 (b) A certificate, or a facsimile thereof, based upon inspection of photographs and data
91	91	45produced by an automated road safety camera system, and sworn to or affirmed by the municipal
92	92	46designee, shall be prima facie evidence of the facts contained therein.
93	93	47 (c) A camera enforceable violation issued by the City under this chapter shall not be
94	94	48made part of the operating record of the person upon whom such liability is imposed, nor shall
95	95	49such violation be considered a conviction of a moving violation of the motor vehicle laws for the
96	96	50purpose of determining a surcharge on a motor vehicle premium pursuant to section 113B of
97	97	51chapter 175 of the General Laws.
98	98	52 (d) The municipal designee shall supervise and coordinate the administration of
99	99	53violations issued in conformance with this chapter. The municipal designee shall have the 4 of 11
100	100	54authority to hire and designate such personnel as may be necessary or contract for such services
101	101	55to implement the provisions of this chapter.
102	102	56 (e) It shall be the duty of the municipal designee to cause a notice of violation to the
103	103	57registered owner or owners of a motor vehicle identified in photographs produced by such device
104	104	58as evidence of a violation pursuant to this chapter. Such notice shall contain, but not be limited
105	105	59to, the following information: (i) a copy of the photographs produced by the automated road
106	106	60safety camera system and any other data showing the vehicle in the process of a camera
107	107	61enforceable violation; (ii) the registration number and state of issuance of the vehicle; (iii) the
108	108	62date, time and location of the alleged camera enforceable violation; (iv) the specific camera
109	109	63enforceable violation charged; (v) instructions for payment of the fine imposed pursuant to
110	110	64subsection (a); (vi) instructions on how to appeal the camera enforceable violation in writing and
111	111	65to obtain a hearing; and (vii) an affidavit form approved by the municipal designee for the
112	112	66purposes of making a written appeal pursuant to subsection (j).
113	113	67 (f) In the case of a violation involving a motor vehicle registered under the laws of the
114	114	68Commonwealth, a notice of violation shall be mailed within 14 days of the violation to the
115	115	69address of the registered owner or owners as listed in the records of the registrar of motor
116	116	70vehicles. In the case of any motor vehicle registered under the laws of another state or country,
117	117	71such notice of violation shall be mailed within 21 days of the violation to the address of the
118	118	72registered owner or owners as listed in the records of the official in such state or country having
119	119	73charge of the registration of such motor vehicle. If said address is unavailable, it shall be
120	120	74sufficient for the municipal designee or designee to mail a notice of violation to the official in
121	121	75such state or country having charge of the registration of such motor vehicle. 5 of 11
122	122	76 (g) A notice of violation shall be sent by first class mail in accordance with subsection (f)
123	123	77and shall include an affidavit form approved by the municipal designee for the purpose of
124	124	78complying with subsection (b). A manual or automatic record of mailing processed by or on
125	125	79behalf of the municipal designee in the ordinary course of business shall be prima facie evidence
126	126	80thereof, and shall be admitted as evidence in any judicial or administrative proceeding, as to the
127	127	81facts contained therein.
128	128	82 (h) Any owner to whom a notice of violation has been issued shall not be liable for a
129	129	83camera enforceable violation under this chapter if the: (i) violation was necessary to allow the
130	130	84passage of an emergency vehicle; (ii) violation was incurred while participating in a funeral
131	131	85procession; (iii) violation was incurred during a period of time in which the motor vehicle was
132	132	86reported to the police department of any state, city or town as having been stolen and had not
133	133	87been recovered before the time the violation occurred; (iv) operator of the motor vehicle was
134	134	88operating the motor vehicle under a rental or lease agreement and the registered owner of the
135	135	89motor vehicle is a rental or leasing company and has complied with section 4; (v) operator of the
136	136	90motor vehicle was issued a citation for the violation in accordance with section 2 of chapter 90C;
137	137	91or (vi) violation was necessary to comply with any other law or regulation governing the
138	138	92operation of a motor vehicle.
139	139	93 (i) Any motor vehicle owner to whom a notice of violation has been issued pursuant to
140	140	94this chapter may admit responsibility for such violation and pay the fine provided therein.
141	141	95Payment may be made personally or through a duly authorized agent, by appearing before the
142	142	96municipal designee’s designee during normal office hours, by mailing or online. Payment by
143	143	97mail shall be made by check, money order or credit card to the municipal designee or City.
144	144	98Payment of the established fine and any applicable penalties shall operate as the final disposition 6 of 11
145	145	99of the violation. Payment by one motor vehicle owner shall operate as the final disposition of the
146	146	100violation as to all other motor vehicle owners of the same motor vehicle for the same violation.
147	147	101 (j) An owner may contest responsibility for a violation under this chapter in writing by
148	148	102mail or online. The owner shall provide the municipal designee with a signed affidavit in a form
149	149	103approved by the municipal designee, stating: the reason for disputing the violation; the full legal
150	150	104name and address of the owner of the motor vehicle; and the full legal name and address of the
151	151	105operator of the motor vehicle at the time the violation occurred. An owner may include signed
152	152	106statements from witnesses, which include the names and addresses of witnesses, supporting the
153	153	107owner's defense. Within 21 days of receipt, the municipal designee or the hearing officer shall
154	154	108send the decision of the hearing officer, including the reasons for the outcome, by first class mail
155	155	109to the registered owner or owners. If the owner is found responsible for the violation, the owner
156	156	110shall pay the fine in the manner described in (i) within 14 days of the issuance of the decision or
157	157	111request further judicial review pursuant to section 14 of Chapter 30A of the General Laws.
158	158	112 (k) An owner may request a hearing to contest responsibility for a violation. A hearing
159	159	113request shall be made in writing by mail or online. Upon receipt of a hearing request, the
160	160	114municipal designee shall schedule the matter before a hearing officer. Said hearing officer may
161	161	115be an employee of the municipal designee of the City or such other person or persons as the
162	162	116municipal designee may designate. Written notice of the date, time and place of said hearing
163	163	117shall be sent by first class mail to each registered owner. The hearing shall be informal, the rules
164	164	118of evidence shall not apply, and the decision of the hearing officer shall be final subject to
165	165	119judicial review as outlined by section 14 of Chapter 30A of the General Laws. Within 21 days of
166	166	120the hearing, the municipal designee or the hearing officer should send the decision of the hearing
167	167	121officer, including the reasons for the outcome, by first class mail to the registered owner or 7 of 11
168	168	122owners. If the owner is found responsible for the violation, the owner shall pay the fine in the
169	169	123manner described in (i) within 14 days of the issuance of the decision or request further judicial
170	170	124review pursuant to section 14 of Chapter 30A of the General Laws.
171	171	125 (l) Unless an owner or owners pay the fine or contest responsibility within 60 days of the
172	172	126violation, the provisions shall apply. If an owner to whom a notice of violation has been issued
173	173	127either fails to pay the fine in said notice in accordance with subsection (i), or is found responsible
174	174	128for the violation and does not pay the fine in accordance with subsection (j) or subsection (k), the
175	175	129municipal designee shall notify the registrar of motor vehicles who shall place the matter on
176	176	130record. It shall be the duty of the municipal designee to notify the registrar forthwith that such
177	177	131case has been so disposed; provided, however, that certified receipt of full and final payment
178	178	132from the municipal designee shall also serve as legal notice to the registrar that said violation has
179	179	133been disposed of in accordance with this chapter. The certified receipt shall be printed in such
180	180	134form as the registrar of motor vehicles may approve.
181	181	135 Section 4.
182	182	136 (a) Notwithstanding section 3 of this chapter, if the registered owner of a motor vehicle in
183	183	137receipt of a notice of violation is a person or entity engaged in the business of leasing or renting
184	184	138motor vehicles, and such motor vehicle was operating under a rental or lease agreement at the
185	185	139time of a violation, then the provisions of this section shall be applicable, and the registered
186	186	140owner shall not be liable for any unpaid fines; provided, however, that such owner has complied
187	187	141with the procedures of this section.
188	188	142 (b) The municipal designee shall give to the registered owner notice in writing of each
189	189	143violation in which a motor vehicle owned by such owner is involved, as set forth in section 3. 8 of 11
190	190	144 (c) Within 45 days of the violation, the registered owner shall furnish to such department
191	191	145or designee in writing the name and address of the lessee or rentee of such motor vehicle at the
192	192	146time of the violation; the lessee's or rentee's driver's license number, state of issuance of such
193	193	147driver's license and the lessee's or rentee's date of birth.
194	194	148 (d) Such department or designee shall thereupon issue a notice of violation to such lessee
195	195	149or rentee in the form prescribed by section 3 and the lessee or rentee shall be liable for the
196	196	150violation.
197	197	151 (e) If such lessee or rentee to whom a notice of violation has been issued either fails to
198	198	152pay the fine in accordance with subsection
199	199	153 (i) of section 3, or fails to receive a favorable adjudication of said notice in accordance
200	200	154with subsection (j) of section 3, or subsection
201	201	155 (k) of section 3, the municipal designee or designee shall notify the registrar of motor
202	202	156vehicles who shall place the matter on record. It shall be the duty of the municipal designee to
203	203	157notify the registrar forthwith that such case has been so disposed; provided, however, that
204	204	158certified receipt of full and final payment from the municipal designee shall also serve as notice
205	205	159to the registrar that said violation has been disposed of in accordance with this chapter. The
206	206	160certified receipt shall be printed in such form as the registrar of motor vehicles may approve.
207	207	161 Section 5.
208	208	162 No violation shall be issued pursuant to this chapter for: (i) a failure to stop at a signal at
209	209	163an intersection if any part of the vehicle was over the stop line when the light was yellow,
210	210	164regardless of whether or not the light turned red while the vehicle was over the stop line; (ii) 9 of 11
211	211	165exceeding the speed limit, unless the vehicle exceeds the speed limit by not less than 5 miles per
212	212	166hour.
213	213	167 Section 6.
214	214	168 (a) The City shall install a sign notifying the public that an automated road safety camera
215	215	169system is in use at each location of said camera.
216	216	170 (b) The City shall make a public announcement and conduct a public awareness
217	217	171campaign of use of automated road safety camera systems beginning at least 60 days before the
218	218	172enforcement program is in use. The City may install but not activate automated road safety
219	219	173camera systems during said time period.
220	220	174 Section 7.
221	221	175 (a) The compensation paid to the manufacturer or vendor of the automated road safety
222	222	176camera system as authorized herein shall be based on the value of the equipment or services
223	223	177provided and shall not be based on the number of traffic citations issued or the revenue generated
224	224	178by the systems.
225	225	179 (b) Not less than annually, a professional engineer registered in the Commonwealth or an
226	226	180independent laboratory shall verify that the automated road safety camera system and any
227	227	181appurtenant traffic control signals are correctly calibrated.
228	228	182 Section 8.
229	229	183 (a) Photographs and other recorded evidence shall only be captured when a camera
230	230	184enforceable violation occurs. Photographs and other recorded evidence shall be destroyed within
231	231	18548 hours of the final disposition of a violation. 10 of 11
232	232	186 (b) No photographs taken in conformance with this chapter shall be discoverable in any
233	233	187judicial or administrative proceeding other than a proceeding held pursuant to this chapter
234	234	188without a court order. No photograph taken in conformance with this chapter shall be admissible
235	235	189in any judicial or administrative proceeding other than in a proceeding to adjudicate liability for
236	236	190such violation of this
237	237	191 chapter without a court order. A court shall order a release of a photograph taken in
238	238	192conformance with this chapter only where the photograph tends to establish or undermine a
239	239	193finding of a moving violation and the violation is material as to a finding of civil or criminal
240	240	194liability.
241	241	195 (c) Photographs and other personal identifying information collected by the City pursuant
242	242	196to this chapter shall not be a public record under Clause Twenty-Sixth of section 7 of chapter 4
243	243	197or chapter 66.
244	244	198 (d) An automated road safety camera system shall not be utilized to take a frontal view
245	245	199photograph of a motor vehicle committing a camera enforceable violation. A frontal view
246	246	200photograph of a motor vehicle committing a camera enforceable violation taken by an automated
247	247	201road safety camera system shall not be discoverable or admissible in any judicial or
248	248	202administrative proceeding and shall not be used as the basis for a camera enforceable violation
249	249	203under this chapter. To the extent practicable, additional efforts shall be made to ensure that
250	250	204photographs produced by an automated road safety camera system do not identify the vehicle
251	251	205operator, the passengers or the contents of the vehicle.
252	252	206 (e) The City or a manufacturer or vendor of an automated road safety camera system may
253	253	207not use, disclose, sell or permit access to data collected by an automated road safety camera 11 of 11
254	254	208system except as necessary to process camera enforceable violations in accordance with this
255	255	209chapter.
256	256	210 Section 9.
257	257	211 This Act shall take effect upon its passage