| 1 | 1 | | 1 of 1 |
|---|
| 2 | 2 | | HOUSE DOCKET, NO. 4600 FILED ON: 10/2/2023 |
|---|
| 3 | 3 | | HOUSE . . . . . . . . . . . . . . . No. 4287 |
|---|
| 4 | 4 | | The Commonwealth of Massachusetts |
|---|
| 5 | 5 | | _________________ |
|---|
| 6 | 6 | | PRESENTED BY: |
|---|
| 7 | 7 | | Manny Cruz and Joan B. Lovely |
|---|
| 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 Salem to employ automated enforcement of speed limit violations |
|---|
| 13 | 13 | | in designated school zones within the city of Salem. |
|---|
| 14 | 14 | | _______________ |
|---|
| 15 | 15 | | PETITION OF: |
|---|
| 16 | 16 | | NAME:DISTRICT/ADDRESS :DATE ADDED:Manny Cruz7th Essex10/2/2023Joan B. LovelySecond Essex10/2/2023 1 of 9 |
|---|
| 17 | 17 | | HOUSE DOCKET, NO. 4600 FILED ON: 10/2/2023 |
|---|
| 18 | 18 | | HOUSE . . . . . . . . . . . . . . . No. 4287 |
|---|
| 19 | 19 | | By Representative Cruz of Salem and Senator Lovely, a joint petition (subject to Joint Rule 12) |
|---|
| 20 | 20 | | of Manny Cruz and Joan B. Lovely (with the approval of the mayor and city council) that the |
|---|
| 21 | 21 | | city of Salem be authorized to employ automated enforcement of speed limit violations in |
|---|
| 22 | 22 | | designated school zones within said city. Transportation. [Local Approval Received.] |
|---|
| 23 | 23 | | The Commonwealth of Massachusetts |
|---|
| 24 | 24 | | _______________ |
|---|
| 25 | 25 | | In the One Hundred and Ninety-Third General Court |
|---|
| 26 | 26 | | (2023-2024) |
|---|
| 27 | 27 | | _______________ |
|---|
| 28 | 28 | | An Act authorizing the city of Salem to employ automated enforcement of speed limit violations |
|---|
| 29 | 29 | | in designated school zones within the city of Salem. |
|---|
| 30 | 30 | | Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority |
|---|
| 31 | 31 | | of the same, as follows: |
|---|
| 32 | 32 | | 1 Section 1. As used in this chapter, the following words shall, unless the context clearly |
|---|
| 33 | 33 | | 2requires otherwise, have the following meanings:- |
|---|
| 34 | 34 | | 3 "Automated Road Safety Camera System" shall mean an automated motor vehicle sensor |
|---|
| 35 | 35 | | 4device installed which produces digital photographs and may record the speed of each motor |
|---|
| 36 | 36 | | 5vehicle at the time it is operated in a manner that is in violation of traffic laws and regulations |
|---|
| 37 | 37 | | 6where the automated road camera safety system is located. |
|---|
| 38 | 38 | | 7 “Camera Enforceable Violation” shall mean a violation of the traffic laws which may be |
|---|
| 39 | 39 | | 8enforced by an automated road safety camera system, limited to exceeding the speed limit |
|---|
| 40 | 40 | | 9pursuant to section 17 or section 18 of chapter 90 while travelling in a designated school zone. |
|---|
| 41 | 41 | | 10 “City” shall mean the City of Salem, Massachusetts. 2 of 9 |
|---|
| 42 | 42 | | 11 “Designated School Zone” shall mean within 300 feet of the real property comprising a |
|---|
| 43 | 43 | | 12public or private accredited preschool, accredited Head Start facility, elementary, vocational or |
|---|
| 44 | 44 | | 13secondary school if the violation occurs between 5:00 a.m. and midnight, whether or not school |
|---|
| 45 | 45 | | 14is in session. |
|---|
| 46 | 46 | | 15 Section 2. (a) The City of Salem may employ an automated road safety camera system as |
|---|
| 47 | 47 | | 16a means of promoting traffic safety in a designated school zone, which may be fixed along any |
|---|
| 48 | 48 | | 17portion of any ways within a designated school zone its control, or within a designated school |
|---|
| 49 | 49 | | 18zone in the control of the commonwealth with written permission from the department of |
|---|
| 50 | 50 | | 19transportation and may impose a penalty on the owner of a motor vehicle for failure by the |
|---|
| 51 | 51 | | 20operator thereof to comply with traffic laws and regulations. |
|---|
| 52 | 52 | | 21 (b) The City may employ no more than two fixed automated road safety camera systems |
|---|
| 53 | 53 | | 22per designated school zone. |
|---|
| 54 | 54 | | 23 Section 3. (a) The maximum fine imposed for a violation issued pursuant to this chapter |
|---|
| 55 | 55 | | 24shall be twenty five dollars per violation. For violations issued pursuant to this chapter, except as |
|---|
| 56 | 56 | | 25provided in section 4, the owner or owners of a vehicle shall be liable for the fine, however, no |
|---|
| 57 | 57 | | 26owner of a vehicle shall be responsible for a violation issued pursuant to this chapter where the |
|---|
| 58 | 58 | | 27operator of the motor vehicle was issued a citation for the underlying violation in accordance |
|---|
| 59 | 59 | | 28with section 2 of chapter 90C of the General Laws. The city may send a written warning to the |
|---|
| 60 | 60 | | 29owner or owners in lieu of enforcement for the purpose of education. |
|---|
| 61 | 61 | | 30 (b) A certificate, or a facsimile thereof, based upon inspection of photographs and data |
|---|
| 62 | 62 | | 31produced by an automated road safety camera system, and sworn to or affirmed by the police 3 of 9 |
|---|
| 63 | 63 | | 32department or designee authorized to issue citations for violations of traffic laws and regulations, |
|---|
| 64 | 64 | | 33shall be prima facie evidence of the facts contained therein. |
|---|
| 65 | 65 | | 34 (c) A violation issued by the city shall not be made part of the operating record of the |
|---|
| 66 | 66 | | 35person upon whom such liability is imposed, nor shall such violation be considered a conviction |
|---|
| 67 | 67 | | 36of a moving violation of the motor vehicle laws for the purpose of determining a surcharge on a |
|---|
| 68 | 68 | | 37motor vehicle premium pursuant to section 113B of chapter 175 of the General Laws. |
|---|
| 69 | 69 | | 38 (d) The police department shall supervise and coordinate the administration of violations |
|---|
| 70 | 70 | | 39issued in conformance with this chapter. The police department shall have the authority to hire |
|---|
| 71 | 71 | | 40and designate such personnel as may be necessary or contract for such services to implement the |
|---|
| 72 | 72 | | 41provisions of this chapter. |
|---|
| 73 | 73 | | 42 (e) It shall be the duty of the police department or designee of a city to cause a notice of |
|---|
| 74 | 74 | | 43violation to the registered owner or owners of a motor vehicle identified in photographs |
|---|
| 75 | 75 | | 44produced by such device as evidence of a violation pursuant to this chapter. Such notice shall |
|---|
| 76 | 76 | | 45contain, but not be limited to, the following information: a copy of the aforementioned recorded |
|---|
| 77 | 77 | | 46images and other data showing the vehicle in the process of a camera enforceable violation; the |
|---|
| 78 | 78 | | 47registration number and state of issuance of the vehicle; the date, time and location of the |
|---|
| 79 | 79 | | 48violation; the specific camera enforceable violation charged; instructions for payment of the |
|---|
| 80 | 80 | | 49violation; instructions to contest the violation in writing; and instructions to obtain a hearing. |
|---|
| 81 | 81 | | 50 (f) In the case of a violation involving a motor vehicle registered under the laws of the |
|---|
| 82 | 82 | | 51Commonwealth, a notice of violation shall be mailed within 14 days of the violation to the |
|---|
| 83 | 83 | | 52address of the registered owner or owners as listed in the records of the registrar of motor |
|---|
| 84 | 84 | | 53vehicles. In the case of any motor vehicle registered under the laws of another state or country, 4 of 9 |
|---|
| 85 | 85 | | 54such notice of violation shall be mailed within 21 days of the violation to the address of the |
|---|
| 86 | 86 | | 55registered owner or owners as listed in the records of the official in such state or country having |
|---|
| 87 | 87 | | 56charge of the registration of such motor vehicle. If said address is unavailable, it shall be |
|---|
| 88 | 88 | | 57sufficient for the police department or designee to mail a notice of violation to the official in |
|---|
| 89 | 89 | | 58such state or country having charge of the registration of such motor vehicle. |
|---|
| 90 | 90 | | 59 (g) A notice of violation shall be sent by first class mail in accordance with subsection (f) |
|---|
| 91 | 91 | | 60and shall include an affidavit form approved by the police department for the purpose of |
|---|
| 92 | 92 | | 61complying with subsection (b). A manual or automatic record of mailing processed by or on |
|---|
| 93 | 93 | | 62behalf of the police department in the ordinary course of business shall be prima facie evidence |
|---|
| 94 | 94 | | 63thereof, and shall be admitted as evidence in any judicial or administrative proceeding, as to the |
|---|
| 95 | 95 | | 64facts contained therein. Unless an owner or owners pay the fine or contest responsibility within |
|---|
| 96 | 96 | | 6560 days of the violation, the provisions of subsection (l) will apply. |
|---|
| 97 | 97 | | 66 (h) Any owner to whom a notice of violation has been issued shall not be liable for a |
|---|
| 98 | 98 | | 67violation under the provisions of this chapter if: the violation was necessary to allow the passage |
|---|
| 99 | 99 | | 68of an emergency vehicle; the violation was incurred while participating in a funeral procession; |
|---|
| 100 | 100 | | 69the violation was incurred during a period of time in which the motor vehicle was reported to the |
|---|
| 101 | 101 | | 70police department of any state, city or town as having been stolen and had not been recovered |
|---|
| 102 | 102 | | 71prior to the time the violation occurred; the operator of the motor vehicle was operating the |
|---|
| 103 | 103 | | 72motor vehicle under a rental or lease agreement and the owner of the motor vehicle is a rental or |
|---|
| 104 | 104 | | 73leasing company and has complied with the provisions of section 4 of this chapter; the operator |
|---|
| 105 | 105 | | 74of the motor vehicle was issued a citation for the underlying violation in accordance with section |
|---|
| 106 | 106 | | 752 of chapter 90C of the General Laws; or, the violation was necessary to comply with any other |
|---|
| 107 | 107 | | 76law or regulation governing the operation of a motor vehicle. 5 of 9 |
|---|
| 108 | 108 | | 77 (i) Any motor vehicle owner to whom a notice of violation has been issued pursuant to |
|---|
| 109 | 109 | | 78this chapter may admit responsibility for such violation and pay the fine provided therein. |
|---|
| 110 | 110 | | 79Payment may be made personally or through a duly authorized agent, by appearing before the |
|---|
| 111 | 111 | | 80police department’s designee during normal office hours, by mailing or online. Payment by mail |
|---|
| 112 | 112 | | 81shall be made by check, money order or credit card to the police department or city. Payment of |
|---|
| 113 | 113 | | 82the established fine and any applicable penalties shall operate as the final disposition of the |
|---|
| 114 | 114 | | 83violation. Payment by one motor vehicle owner shall operate as the final disposition of the |
|---|
| 115 | 115 | | 84violation as to all other motor vehicle owners of the same motor vehicle for the same violation. |
|---|
| 116 | 116 | | 85 (j) An owner may contest responsibility for a violation under this chapter in writing by |
|---|
| 117 | 117 | | 86mail or online. The owner shall provide the police department with a signed affidavit in a form |
|---|
| 118 | 118 | | 87approved by the police department, stating: the reason for disputing the violation; the full legal |
|---|
| 119 | 119 | | 88name and address of the owner of the motor vehicle; and the full legal name and address of the |
|---|
| 120 | 120 | | 89operator of the motor vehicle at the time the violation occurred. An owner may include signed |
|---|
| 121 | 121 | | 90statements from witnesses, which include the names and addresses of witnesses, supporting the |
|---|
| 122 | 122 | | 91owner's defense. Within 21 days of receipt, the police department or the hearing officer shall |
|---|
| 123 | 123 | | 92send the decision of the hearing officer, including the reasons for the outcome, by first class mail |
|---|
| 124 | 124 | | 93to the registered owner or owners. If the owner is found responsible for the violation, the owner |
|---|
| 125 | 125 | | 94shall pay the fine in the manner described in (i) within 14 days of the issuance of the decision or |
|---|
| 126 | 126 | | 95request further judicial review pursuant to section 14 of Chapter 30A of the General Laws. |
|---|
| 127 | 127 | | 96 (k) An owner may request a hearing to contest responsibility for a violation. A hearing |
|---|
| 128 | 128 | | 97request shall be made in writing by mail or online. Upon receipt of a hearing request, the police |
|---|
| 129 | 129 | | 98department shall schedule the matter before hearing officer. Said hearing officer may be an |
|---|
| 130 | 130 | | 99employee of the police department of the city or such other person or persons as the police 6 of 9 |
|---|
| 131 | 131 | | 100department may designate. Written notice of the date, time and place of said hearing shall be sent |
|---|
| 132 | 132 | | 101by first class mail to each registered owner. The hearing shall be informal, the rules of evidence |
|---|
| 133 | 133 | | 102shall not apply, and the decision of the hearing officer shall be final subject to judicial review as |
|---|
| 134 | 134 | | 103outlined by section 14 of Chapter 30A of the General Laws. Within 21 days of the hearing, the |
|---|
| 135 | 135 | | 104police department or the hearing officer should send the decision of the hearing officer, including |
|---|
| 136 | 136 | | 105the reasons for the outcome, by first class mail to the registered owner or owners. If the owner is |
|---|
| 137 | 137 | | 106found responsible for the violation, the owner shall pay the fine in the manner described in (i) |
|---|
| 138 | 138 | | 107within 14 days of the issuance of the decision or request further judicial review pursuant to |
|---|
| 139 | 139 | | 108section 14 of Chapter 30A of the General Laws. |
|---|
| 140 | 140 | | 109 (l) If an owner to whom a notice of violation has been issued either fails to pay the fine in |
|---|
| 141 | 141 | | 110said notice in accordance with subsection (i), or is found responsible for the violation and does |
|---|
| 142 | 142 | | 111not pay the fine in accordance with subsection (j) or subsection (k), the police department shall |
|---|
| 143 | 143 | | 112notify the registrar of motor vehicles who shall place the matter on record. Upon receipt of the |
|---|
| 144 | 144 | | 113registrar of five or more of such notices, the registrar shall not issue or renew such owner's motor |
|---|
| 145 | 145 | | 114vehicle registration until after notification from the police department that all fines owed |
|---|
| 146 | 146 | | 115pursuant to this chapter have been paid. It shall be the duty of the police department to notify the |
|---|
| 147 | 147 | | 116registrar forthwith that such case has been so disposed; provided, however, that certified receipt |
|---|
| 148 | 148 | | 117of full and final payment from the police department shall also serve as legal notice to the |
|---|
| 149 | 149 | | 118registrar that said violation has been disposed of in accordance with this chapter. The certified |
|---|
| 150 | 150 | | 119receipt shall be printed in such form as the registrar of motor vehicles may approve. |
|---|
| 151 | 151 | | 120 Section 4. (a) Notwithstanding section 3 of this chapter, if the registered owner of a |
|---|
| 152 | 152 | | 121motor vehicle in receipt of a notice of violation is a person or entity engaged in the business of |
|---|
| 153 | 153 | | 122leasing or renting motor vehicles, and such motor vehicle was operating under a rental or lease 7 of 9 |
|---|
| 154 | 154 | | 123agreement at the time of a violation, then the provisions of this section shall be applicable, and |
|---|
| 155 | 155 | | 124the registered owner shall not be liable for any unpaid fines; provided, however, that such owner |
|---|
| 156 | 156 | | 125has complied with the procedures of this section. |
|---|
| 157 | 157 | | 126 (b) The police department shall give to the registered owner notice in writing of each |
|---|
| 158 | 158 | | 127violation in which a motor vehicle owned by such owner is involved, as set forth in section 3. |
|---|
| 159 | 159 | | 128 (c) Within 45 days of the violation, the registered owner shall furnish to such department |
|---|
| 160 | 160 | | 129or designee in writing the name and address of the lessee or renter of such motor vehicle at the |
|---|
| 161 | 161 | | 130time of the violation; the lessee's or renter's driver's license number, state of issuance of such |
|---|
| 162 | 162 | | 131driver's license and the lessee's or renter's date of birth. |
|---|
| 163 | 163 | | 132 (d) Such department or designee shall thereupon issue a notice of violation to such lessee |
|---|
| 164 | 164 | | 133or renter in the form prescribed by section 3 and the lessee or renter shall be liable for the |
|---|
| 165 | 165 | | 134violation. |
|---|
| 166 | 166 | | 135 (e) If such lessee or renter to whom a notice of violation has been issued either fails to |
|---|
| 167 | 167 | | 136pay the fine in accordance with subsection (i) of section 3, or fails to receive a favorable |
|---|
| 168 | 168 | | 137adjudication of said notice in accordance with subsection (j) of section 3, or subsection (k) of |
|---|
| 169 | 169 | | 138section 3, the police department or designee shall notify the registrar of motor vehicles who shall |
|---|
| 170 | 170 | | 139place the matter on record. Upon notification to the registrar of five or more of such notices |
|---|
| 171 | 171 | | 140under this section, it shall be the duty of the registrar to suspend and not renew the license to |
|---|
| 172 | 172 | | 141operate a motor vehicle of such lessee or renter or suspend the right to operate of a lessee or |
|---|
| 173 | 173 | | 142renter not licensed in this commonwealth until after notification from the Salem police |
|---|
| 174 | 174 | | 143department that all fines, taxes and penalties owed by such owner pursuant to either this chapter, |
|---|
| 175 | 175 | | 144have been disposed of in accordance with this chapter. It shall be the duty of the police 8 of 9 |
|---|
| 176 | 176 | | 145department to notify the registrar forthwith that such case has been so disposed; provided, |
|---|
| 177 | 177 | | 146however, that certified receipt of full and final payment from the police department shall also |
|---|
| 178 | 178 | | 147serve as notice to the registrar that said violation has been disposed of in accordance this chapter. |
|---|
| 179 | 179 | | 148The certified receipt shall be printed in such form as the registrar of motor vehicles may approve. |
|---|
| 180 | 180 | | 149 Section 5. No speed limit violation shall be issued unless the vehicle exceeds the speed |
|---|
| 181 | 181 | | 150limit by at least ten miles per hour. |
|---|
| 182 | 182 | | 151 Section 6. (a) The city shall install a sign notifying the public that an automated road |
|---|
| 183 | 183 | | 152safety camera system is in use at each location of said camera. |
|---|
| 184 | 184 | | 153 (b) The city shall make a public announcement and conduct a public awareness campaign |
|---|
| 185 | 185 | | 154of use of automated road safety camera systems beginning at least 30 days before the |
|---|
| 186 | 186 | | 155enforcement program is in use. The city may install but not activate automated road safety |
|---|
| 187 | 187 | | 156camera systems during said time period. |
|---|
| 188 | 188 | | 157 Section 7. Verification that the automated road safety camera system and any |
|---|
| 189 | 189 | | 158appurtenant traffic control signals are correctly calibrated shall be made by a professional |
|---|
| 190 | 190 | | 159engineer registered in the commonwealth. |
|---|
| 191 | 191 | | 160 Section 8. (a) Photographs and other recorded evidence shall only be captured when a |
|---|
| 192 | 192 | | 161camera enforceable violation occurs. Photographs and other recorded evidence shall be destroyed |
|---|
| 193 | 193 | | 162within 48 hours of the final disposition of a violation. |
|---|
| 194 | 194 | | 163 (b) No photographs taken in conformance with this chapter shall be discoverable in any |
|---|
| 195 | 195 | | 164judicial or administrative proceeding other than a proceeding held pursuant to this chapter |
|---|
| 196 | 196 | | 165without a court order. No photograph taken in conformance with this chapter shall be admissible 9 of 9 |
|---|
| 197 | 197 | | 166in any judicial or administrative proceeding other than in a proceeding to adjudicate liability for |
|---|
| 198 | 198 | | 167such violation of this chapter without a court order. A court shall order a release of a photograph |
|---|
| 199 | 199 | | 168taken in conformance with this chapter only where the photograph tends to establish or |
|---|
| 200 | 200 | | 169undermine a finding of a moving violation and the violation is material as to a finding of civil or |
|---|
| 201 | 201 | | 170criminal liability. |
|---|
| 202 | 202 | | 171 (c) Photographs and other personally identifying information collected by the city |
|---|
| 203 | 203 | | 172pursuant to this chapter are not public record. |
|---|
| 204 | 204 | | 173 (d) No automated road safety camera system shall be utilized in such a manner as to take |
|---|
| 205 | 205 | | 174a frontal view photograph of a motor vehicle. |
|---|
| 206 | 206 | | 175 Section 9. City shall establish a revolving or equivalent fund for all proceeds generated |
|---|
| 207 | 207 | | 176from this Act and such proceeds shall be used for traffic and safety enhancements and driver |
|---|
| 208 | 208 | | 177safety education. |
|---|
| 209 | 209 | | 178 Section 10. This act shall take effect as provided by law. |
|---|