Massachusetts 2023-2024 Regular Session

Massachusetts House Bill H4450 Compare Versions

Only one version of the bill is available at this time.
OldNewDifferences
11 HOUSE . . . . . . . . No. 4450
22 The Commonwealth of Massachusetts
33 ________________________________________
44 HOUSE OF REPRESENTATIVES, March 7, 2024.
55 The committee on Transportation, to whom were referred the petition
66 (accompanied by bill, Senate, No. 2275) of Michael O. Moore, John C.
77 Velis, Robyn K. Kennedy and Joanne M. Comerford for legislation
88 relative to school bus safety cameras, the petition (accompanied by bill,
99 House, No. 3306) of Paul J. Donato relative to the safety of school
1010 children embarking and disembarking school buses, the petition
1111 (accompanied by bill, House, No. 3336) of Kevin G. Honan, Thomas P.
1212 Walsh and Patricia A. Haddad relative to the safety of children on school
1313 buses, the petition (accompanied by bill, House, No. 3375) of John J.
1414 Mahoney that municipalities be authorized to install automated road safety
1515 camera systems on school buses, and the petition (accompanied by bill,
1616 House, No. 3440) of William M. Straus, Thomas P. Walsh and Sally P.
1717 Kerans for legislation to authorize the installation and operation of digital
1818 video violation detection monitoring systems to detect drivers failing to
1919 stop for school buses, reports recommending that the accompanying bill
2020 (House, No. 4450) ought to pass.
2121 For the committee,
2222 WILLIAM M. STRAUS. 1 of 14
2323 FILED ON: 2/5/2024
2424 HOUSE . . . . . . . . . . . . . . . No. 4450
2525 The Commonwealth of Massachusetts
2626 _______________
2727 In the One Hundred and Ninety-Third General Court
2828 (2023-2024)
2929 _______________
3030 An Act concerning the safety of school children embarking and disembarking school buses.
3131 Whereas, The deferred operation of this act would tend to defeat its purpose, which is to
3232 safeguard student safety, therefore it is hereby declared to be an emergency law, necessary for
3333 the immediate preservation of the public safety.
3434 Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
3535 of the same, as follows:
3636 1 SECTION 1. Section 14 of Chapter 90 of the General Laws is hereby amended by
3737 2inserting after section 14B the following section:-
3838 3 Section 14C. (a) In addition to other monitoring devices lawfully authorized to be
3939 4installed in school buses and notwithstanding any general or special law to the contrary, any city
4040 5or town within the Commonwealth is hereby authorized to install and operate live digital video
4141 6school bus violation detection monitoring systems for purpose of enforcing violations against the
4242 7owner of a motor vehicle whose vehicle failed to stop for a school bus when required to do so by
4343 8the provisions of Section 14. Such systems shall be limited to monitor and detect violations of
4444 9motorists failing to stop for a school bus.
4545 10 (b) (1) As used in this section, the following words shall have the following meanings: 2 of 14
4646 11 “School bus violation detection monitoring system”, a camera system that shall monitor
4747 12and detect motor vehicles overtaking or passing school buses when said buses are stopped and
4848 13displaying front and rear alternating flashing red signal lamps as provided in section seven B,
4949 14and that has been stopped to allow pupils to alight from or board the same. It shall be a system
5050 15with two or more camera sensors and computers that produce live digital and recorded video and
5151 162 or more film or digital photographic still images of each motor vehicle at the time it is used or
5252 17operated in a manner that is in violation of Section 14 of Chapter 90.
5353 18 “Stop arm traffic control sign”, a stop sign mounted on a mechanical arm installed on a
5454 19school bus that is deployed when a school bus is stopped to allow pupils to alight from or board
5555 20the same and notify motorists when they are required to stop and when they can proceed.
5656 21 “Violation”, the failure of an operator of a motor vehicle to comply with the laws, codes,
5757 22regulations, by-laws, ordinances, rules or other forms of legislation governing the traffic control
5858 23requirements for school buses stopped to allow pupils to alight from or board same for which a
5959 24school bus violation detection monitoring system is installed and is in operation.
6060 25 (2) All systems installed for use under this section shall produce an evidence file that
6161 26includes a live visual image viewable remotely, a recorded image of the license plate and the
6262 27capacity to record the date, time and location of the vehicle committing the violation. A law
6363 28enforcement officer, or law enforcement’s approved technician, shall review the video and
6464 29decide whether a violation occurred.
6565 30 (3) Recorded video images and still photographic images must record the rear of the
6666 31motor vehicle, with at least 1 photographic image and 1 recorded video image clearly recording
6767 32the motor vehicle immediately before the violation of the stop arm traffic control sign and at 3 of 14
6868 33least 1 photographic image and 1 recorded video image recording the motor vehicle passing the
6969 34stopped school bus with the stop arm traffic control sign deployed in violation of the stop arm
7070 35traffic control sign. Additionally, at least 1 photographic image and 1 recorded video image
7171 36must clearly identify the license plate of the motor vehicle.
7272 37 (4) To the extent practicable, any school bus violation detection monitoring system shall
7373 38use necessary technologies to ensure that photographs or recorded video images produced by the
7474 39school bus violation detection monitoring system shall not include a frontal view photograph or
7575 40video image of the motor vehicle that is in violation of the stop arm traffic control sign or images
7676 41that identify the operator, the passengers, or the contents of the vehicle, but no notice of liability
7777 42issued under this section shall be dismissed solely because a photograph or recorded video image
7878 43allow for the identification of the operator, passengers, or contents of a vehicle as long as a
7979 44reasonable effort has been made to comply with this paragraph.
8080 45 (5) Any school bus installed with a school bus violation detection monitoring system
8181 46shall post warning signage indicating the use of such system. The signage shall remain on each
8282 47bus as long as a school bus violation detection monitoring system is in operation.
8383 48 (6) A penalty imposed for a violation of this section shall not be considered a criminal
8484 49conviction and shall not be considered a moving violation of the motor vehicle laws for the
8585 50purpose of determining surcharges on motor vehicle premiums pursuant to Section113B of
8686 51Chapter 175 although as provided in this section the violation shall be noted on the registered
8787 52owner or owner’s driving record.
8888 53 (7) The fines contained in this section and section 14 for a failure to stop for a school bus
8989 54shall be applied whether the violation is detected through the use of a school bus mounted 4 of 14
9090 55violation detection monitoring system or by a police officer on scene who issues a written
9191 56citation to the operator of the motor vehicle. Pursuant to the provisions of Section 2 of Chapter
9292 57280, all fines imposed for a violation of failing to stop for school bus in accordance with section
9393 5814 that is detected by a school bus violation detection monitoring system or by a police officer
9494 59who cites the operator in hand shall be paid over to the treasury of the city or town where the
9595 60offense was committed.
9696 61 (8) Wherever an agreement under this section is to take effect upon its acceptance by a
9797 62municipality or district, or is to be effective in municipalities or districts accepting its provisions,
9898 63this acceptance shall be, except as otherwise provided, in a municipality, by vote of the
9999 64legislative body, subject to the charter of the municipality, or, in a district, by vote of the district
100100 65at a district meeting. A city or town may enter into an agreement with a private vendor or
101101 66manufacturer to provide a school bus violation detection monitoring system on each bus within
102102 67its fleet whether owned or leased, up to and including the installation, operation and maintenance
103103 68of such systems. Compensation paid to the manufacturer or vendor of the school bus violation
104104 69detection monitoring system as authorized by this section shall not be based upon the revenue
105105 70generated by the use of such systems. The compensation paid to the manufacturer or vendor of
106106 71the equipment shall be based upon the value of the equipment installed and the recurring services
107107 72provided in support of the school bus violation detection monitoring systems including
108108 73processing of evidence files, cost of the technology provided and maintenance of such
109109 74technology. Said agreement shall only become effective after consent by the affected local or
110110 75regional school department, by vote of a majority of its governing school committee.
111111 76 (9) A city or town shall provide reimbursement of expenses to the private vendor or
112112 77manufacturer for the installation, operation and maintenance of the school bus violation detection 5 of 14
113113 78monitoring systems in operation and acknowledged by an agreement between the private vendor
114114 79and the school department that has adopted this section. Unless modified by an agreement with a
115115 80city or town, reimbursement shall be made from ticket revenue proceeds incurred under this
116116 81section only if received as currently allocated under the laws of the Commonwealth for said
117117 82citations so as to eliminate any cost to the city or town for installation, operation and
118118 83maintenance of the school bus violation detection monitoring systems in its municipality. Such
119119 84reimbursement shall be made to the private vendor or manufacturer within 45 days following the
120120 85submittal of request for cost reimbursement. Such reimbursement shall not exceed 50% of the
121121 86ticket revenue proceeds in any preceding period. If such violations occur on highways or roads
122122 87controlled by the Commonwealth, then reimbursement for installing, operating, and maintaining
123123 88school bus violation detection systems shall be permitted from the Commonwealth to the private
124124 89vendor from ticket proceeds pursuant to this section only.
125125 90 (c) (1) An evidence file of the alleged violation and the signed affidavit shall be
126126 91forwarded to a trained law enforcement officer in the jurisdiction who is trained to observe and
127127 92detect a violation for failure to stop for a stopped school bus allowing pupils to alight or board
128128 93the same. The officer shall issue a citation if he or she is satisfied that a violation was committed
129129 94under section 14 and the vehicle committing such violation can be identified from its registration
130130 95plate. A certificate, or a facsimile thereof sworn to or affirmed by a police officer or other law
131131 96enforcement officer authorized to issue motor vehicle citations for violations of traffic laws,
132132 97stating that based upon inspection of the evidence file produced by a school bus violation
133133 98detection monitoring system, the vehicle was in violation of this section, shall be prima facie
134134 99evidence of the facts contained therein. Any recorded video images or still photographic images
135135 100produced by a school bus violation detection monitoring system evidencing the violation shall be 6 of 14
136136 101available for inspection in any proceeding to adjudicate the liability for the violation adopted
137137 102under this section.
138138 103 (2) In all prosecutions of civil traffic violations based on evidence obtained from a school
139139 104bus violation detection monitoring system the registered owner of the motor vehicle shall be
140140 105primarily responsible pursuant to the provisions of this chapter except as otherwise provided in
141141 106this section. In the event the registered owner of the vehicle operated in violation of this chapter
142142 107was not the operator of the vehicle at the time of the violation the registered owner of the vehicle
143143 108shall (i) assume liability for the violation by paying the fine; (ii) upon written receipt of the
144144 109citation, provide the issuing authority within 30 days of the date of issuance, the name, address,
145145 110registration number and license plate of the operator of the vehicle who was responsible along
146146 111with a signed affidavit acknowledging such; or (iii) defend the violation pursuant to the
147147 112procedures established for traffic violations under this section. A vehicle owned or leased to a
148148 113corporation that is identified by a school bus violation detection monitoring system under this
149149 114section shall be primarily responsible for a violation pursuant to section 14 even if a person who
150150 115normally operates the vehicle for the corporation denies that he or she were operating the vehicle
151151 116at the time of the violation although no entry shall be made on the person’s driving record.
152152 117 (3) A penalty imposed may, if so provided in writing, be increased by up to 33 1/3% if
153153 118the penalty remains unpaid in excess of 45 days after a citation has been issued consistent with
154154 119the procedures established in this section and there has been no request for a hearing under
155155 120paragraph (3) of subsection (d).
156156 121 (d) (1) Upon the determination of a violation through the use of a school bus violation
157157 122detection monitoring system, it shall be the duty of the chief of police of the city or town, or any 7 of 14
158158 123designee of the chief, to issue the owner or owners of the vehicle a citation pursuant to the
159159 124provisions of Chapter 90C. The citation shall require the owner or owners to pay the fine
160160 125amount issued pursuant to section 14 or appear before the parking clerk not later than 30 days
161161 126after the date the citation was sent under the procedures established pursuant to violations under
162162 127this section. The citation shall be mailed to the address of the registered owner or owners as
163163 128contained in the registry or in records of the Department of Motor Vehicles in the jurisdiction in
164164 129which the vehicle is registered if other than the Commonwealth for any motor vehicle identified
165165 130by the school bus violation detection monitoring system as evidence of a violation of this section.
166166 131Citations shall be mailed by first class mail, postmarked no later than 14 days after the date of
167167 132the alleged violation, inclusive of Sundays and holidays. In the case of any motor vehicle
168168 133registered under the laws of another state or country, if the address is unavailable, it shall be
169169 134sufficient to mail the citation to the official in the state or country having charge of the
170170 135registration of the motor vehicle. The citation shall be considered sufficient notice, and a
171171 136certificate of the chief of police or the chief’s designee mailing the citation stating that it has
172172 137been mailed in accordance with this section shall be deemed prima facie evidence thereof and
173173 138shall be admissible in any judicial or administrative proceeding as to the facts contained therein.
174174 139The citation shall be sufficient to commence a prosecution. The chief or the chief’s designee
175175 140shall retain and safely preserve a copy of the citation and shall at a time no later than the
176176 141beginning of the next business day of the city or town after mailing to the owner or owners,
177177 142deliver another copy to the parking clerk before whom the owner or owners have been notified to
178178 143appear. The parking clerk shall maintain a docket of all such notices to appear. For purposes of
179179 144this section, the date of issuance shall be the date of mailing. The police officer issuing the
180180 145citation shall certify that the evidence obtained from the school bus violation detection 8 of 14
181181 146monitoring system was sufficient to demonstrate a violation of section 14. Such certification
182182 147shall be sufficient in all prosecutions pursuant to this section to justify the entry of a default
183183 148judgment in all cases where the citation is not answered within the time period permitted under
184184 149this section. The citation issued by the trained law enforcement officer in the jurisdiction shall
185185 150contain but not be limited to the following information: (i) a citation for the violation, which
186186 151shall include the name and address of the person or persons liable as an owner or owners of the
187187 152motor vehicle for the violation of this section, the registration number and state of issuance of the
188188 153registration number of the vehicle involved in the violation, the date, time and location of the
189189 154violation, the specific violation charged, the amount of the penalty for the violation, and the date
190190 155by which the penalty shall be paid; (ii) a copy of two or more still photographs,
191191 156microphotographs, video or other recorded images showing the vehicle in violation of the stop
192192 157arm traffic sign; (iii) a copy of the certificate or affidavit of the police officer under paragraph
193193 158(1) of subsection (c); (iv) a statement that recorded video images and photographic images are
194194 159evidence of a violation of section 14; (v) a schedule of fines for the violation as established by
195195 160the Commonwealth; (vi) instructions for the return of the citation notice including but not
196196 161limited to the following text:— “This notice and the required payment may be returned in
197197 162person, by mail, or by a duly authorized agent. A hearing to contest liability may be obtained
198198 163upon the written request of the registered owner. Failure to pay the penalty or to contest liability
199199 164within 30 days of issuance of this notice is an admission of liability and may result in a default
200200 165judgment being entered against the owner to whom the violation has been issued and/or non-
201201 166renewal or suspension of the license to drive and the certificate of registration of the registered
202202 167owner.”; (vii) an affidavit form approved by the parking clerk for the purpose of complying
203203 168with paragraph (5); and (viii) a statement explaining the procedure to adjudicate the violation by 9 of 14
204204 169mail under paragraph (6). (2) Any person notified to appear before the parking clerk, as
205205 170provided in this section, may appear before the parking clerk, or his designee, and confess the
206206 171offense charged, either personally or through a duly authorized agent or by mailing to the
207207 172parking clerk the notice accompanied by the fine provided therein, such payment to be made
208208 173only by postal note, money order or check made out to the parking clerk. Payment of the penalty
209209 174established shall operate as a final disposition of the case.
210210 175 (3) Except as expressly provided, all prosecutions based on evidence produced by a
211211 176school bus violation detection monitoring system shall follow the procedures of this section.
212212 177Notwithstanding the installation and use of a live digital video school bus violation detection
213213 178monitoring system on a school bus, a trained police officer in whose presence of motorist failing
214214 179to stop for a stopped school bus as required under section 14, may issue a citation at the scene to
215215 180the operator of such vehicle for such violation pursuant to section 14. An owner of a vehicle
216216 181shall not be liable for a citation as a result of a school bus violation detection monitoring system
217217 182if the operator of the vehicle were cited directly by a police officer at the scene of the violation.
218218 183 (4) Should any person notified to appear hereunder fail to appear and, if a penalty is
219219 184provided hereunder, to pay the same, or if the person requests a hearing to contest liability, the
220220 185parking clerk shall forthwith schedule the matter before a person referred to in this section as a
221221 186hearing officer. The hearing officer shall be the parking clerk of the city or town in which the
222222 187violation occurred or any other person or persons that the parking clerk may designate. Written
223223 188notice of the date, time and place of the hearing shall be sent by first-class mail to the registered
224224 189owner or owners. The hearing shall be informal, the rules of evidence shall not apply and the
225225 190decision of the hearing officer shall be final subject to judicial review as provided by Section 14
226226 191of Chapter 30A. Within 21 days of the hearing, the hearing officer shall send by first class mail 10 of 14
227227 192to the registered owner or owners the decision of the hearing officer, including the reasons for
228228 193the outcome.
229229 194 (5) Any owner to whom a citation has been issued shall not be liable for a violation of
230230 195this section: (a) if the violation were necessary to allow the passage of an emergency vehicle; (b)
231231 196if the violation were necessary in order to protect the property or person of another; (c) if the
232232 197violation were incurred while participating in a funeral procession; (d) if the violation were
233233 198incurred during a period of time in which the motor vehicle was reported to the police
234234 199department of any state, city or town as having been stolen and had not been recovered before
235235 200the time the violation occurred; (e) if the operator of the motor vehicle were operating the motor
236236 201vehicle under a rental or lease agreement and the owner of the motor vehicle is a rental or leasing
237237 202company; (f) if the operator of the motor vehicle were convicted of the underlying violation
238238 203under a citation issued in accordance with Section 2 of Chapter 90C; (g) if the violation were
239239 204necessary to comply with an order of a law enforcement officer or of a flagger directing traffic
240240 205flow; or (h) if the vehicle were subject to the exceptions granted to an authorized emergency
241241 206vehicle under Section 7B of Chapter 89. An owner disputing a violation under this subsection
242242 207shall, within 30 days of issuance of the notice, provide the parking clerk with an affidavit signed
243243 208under the pains and penalties of perjury in a form approved by the parking clerk, as provided for
244244 209in clause (vii) of paragraph (1) of this subsection stating (1) the reason for disputing the
245245 210violation; (2) the full legal name and address of the owner of the motor vehicle; (3) the names
246246 211and addresses of all witnesses supporting the owner’s defense and the specifics of their
247247 212knowledge; and (4) where applicable, the signed statements from witnesses. The affidavit shall
248248 213be filed with the request for a hearing. 11 of 14
249249 214 (6) Any person notified to appear before the parking clerk, as provided in this paragraph,
250250 215may without waiving his right to a hearing before the parking clerk or hearing officer as provided
251251 216by this subsection, and also without waiving judicial review under Section 14 of Chapter 30A,
252252 217challenge the validity of the citation and receive a review and disposition of the violation from
253253 218the parking clerk or a hearing officer by mail. The owner may, upon receipt of the citation, send
254254 219a signed statement explaining his objections to the violation notice as well as signed statements
255255 220from witnesses, police officers, government officials and any other relevant parties. Photographs,
256256 221diagrams, maps and other documents may also be sent with the statements. Any statements or
257257 222materials sent to the parking clerk for review shall have attached the person’s name and address
258258 223as well as the citation number and the date of the violation. The parking clerk or hearing officer
259259 224shall, within 21 days of receipt of this material, review the material and dismiss or uphold the
260260 225violation and notify, by mail, the owner or owners of the disposition of the written review. If the
261261 226outcome of the written review is adverse to the owner or owners, the parking clerk or hearing
262262 227officer shall explain the reasons for the outcome on the notice. The review and disposition
263263 228handled by mail shall be informal, the rules of evidence shall not apply, and the decision of the
264264 229parking clerk or hearing officer based upon the written materials shall be final, unless the owner
265265 230invokes the hearing provisions under this section or judicial review under Section 14 of Chapter
266266 23130A.
267267 232 (7) If any person fails to appear before the hearing officer in accordance with the notice,
268268 233or fails to receive a favorable adjudication of the hearing from a hearing officer and fails to pay
269269 234the fine within 30 days of the date that the hearing officer has mailed notice of the decision of the
270270 235hearing officer, the parking clerk shall notify the registrar of motor vehicles, who shall place the
271271 236matter on record. Upon notification to the registrar of 2 or more citations under this section or 12 of 14
272272 237section 14 from the parking clerk of the city or town, or state authorities or agencies, the registrar
273273 238shall not issue or renew or may suspend the owner’s license to operate a motor vehicle or motor
274274 239vehicle registration until after notification from the parking clerk of each city, agency or
275275 240authority, from whom the registrar received notification, that all fines, taxes and penalties owed
276276 241by the owner under this section have been disposed of in accordance with law. Upon such
277277 242notification to the registrar, an additional charge of $20 payable to the registrar but collected by
278278 243the city or town, and an additional charge of $20 payable to and collected by the city or town,
279279 244shall be assessed against the registered owner of the motor vehicle. The parking clerk shall notify
280280 245the registrar forthwith that the case has been so disposed, but certified receipt of full and final
281281 246payment from the parking clerk of the city or town, or state agency or authority issuing the
282282 247violation shall also serve as legal notice to the registrar that the violation has been disposed of in
283283 248accordance with law. The certified receipt shall be printed in a form approved by the registrar of
284284 249motor vehicles.
285285 250 (8) Upon the accumulation by an owner of 2 or more outstanding citations under this
286286 251section or section 14 on account of violations of any statute, ordinance, order, rule or regulation
287287 252relating to the operation, control or parking of motor vehicles in a particular city or town,
288288 253notwithstanding any notification to the registrar, the parking clerk of the city or town may notify
289289 254the chief of police or director of traffic and parking of the city or town that the vehicle bearing
290290 255the registration to which the notices have been issued shall be removed and stored or otherwise
291291 256immobilized by a mechanical device at the expense of the registered owner of the vehicle until
292292 257all fines, taxes and penalties owed by the owner either under this section, or otherwise arising out
293293 258of the parking or usage of the owner’s motor vehicle, have been disposed of in accordance with
294294 259law. No vehicle shall be removed, stored, or otherwise immobilized unless the owner of the 13 of 14
295295 260motor vehicle shall have received 10 days prior notification by mail that the motor vehicle may
296296 261be removed, stored, or immobilized without further notification. It shall be sufficient for the
297297 262parking clerk to mail, postage prepaid, the notification to the last known address of the registered
298298 263owner. It shall be sufficient for the parking clerk, in the case of a motor vehicle registered in
299299 264another state or country, to mail notification to the official in the state or country having charge
300300 265of the registration of the motor vehicle.
301301 266 (e)(1) Other than for purposes of enforcement of a violation of this section and section 14
302302 267or for purposes of an owner defending a violation of this section, recorded video images and
303303 268photographs taken or created under this section may only be obtained under an order by a court
304304 269of competent jurisdiction.
305305 270 (2) All recorded video images and other photographic information obtained through the
306306 271use of school bus violation detection monitoring systems authorized in this section that do not
307307 272identify a violation shall be destroyed by any city, town, school department or vendor within 30
308308 273days of the date the image was recorded, unless otherwise ordered by a court of competent
309309 274jurisdiction. All photographic and other recorded information that identifies a violation shall be
310310 275destroyed within 1 year of final disposition of proceedings related to the enforcement or defense
311311 276of a violation, unless otherwise ordered by a court of competent jurisdiction. Each city, town,
312312 277school department, and vendor under agreement utilizing 1 or more school bus violation
313313 278detection monitoring systems shall file notice attested under penalties of perjury annually within
314314 27930 days of the close of the fiscal year with the secretary of state that these records have been
315315 280destroyed in accordance with this paragraph. All recorded video, audio and other photographic
316316 281information, however stored or retained, which is obtained through systems authorized in this
317317 282section are the property of the municipality under agreement with a vendor and may not be used 14 of 14
318318 283by a vendor for any other purposes; upon the expiration of any agreement authorized under this
319319 284section, all of said video, audio, and/or other photographic information shall be delivered within
320320 28530 days to the particular municipality unless otherwise ordered by a court of competent
321321 286jurisdiction.
322322 287 (3) The administrator of the school bus violation detection monitoring system within any
323323 288city or town accepting this section shall also submit an annual report to the Massachusetts
324324 289Department of Transportation regarding the use and operation of the monitoring system. This
325325 290annual report shall contain data on the number of citations issued under this section at each
326326 291particular intersection, and of those citations, shall detail the number paid without a request for a
327327 292hearing; the number found responsible after a hearing; and the number dismissed after a hearing.
328328 293In addition, the report shall also include the cost to maintain each said monitoring system and the
329329 294amount of revenue obtained from each said monitoring system.