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