HOUSE . . . . . . . . No. 4450
The Commonwealth of Massachusetts
________________________________________
HOUSE OF REPRESENTATIVES, March 7, 2024.
The committee on Transportation, to whom were referred the petition
(accompanied by bill, Senate, No. 2275) of Michael O. Moore, John C.
Velis, Robyn K. Kennedy and Joanne M. Comerford for legislation
relative to school bus safety cameras, the petition (accompanied by bill,
House, No. 3306) of Paul J. Donato relative to the safety of school
children embarking and disembarking school buses, the petition
(accompanied by bill, House, No. 3336) of Kevin G. Honan, Thomas P.
Walsh and Patricia A. Haddad relative to the safety of children on school
buses, the petition (accompanied by bill, House, No. 3375) of John J.
Mahoney that municipalities be authorized to install automated road safety
camera systems on school buses, and the petition (accompanied by bill,
House, No. 3440) of William M. Straus, Thomas P. Walsh and Sally P.
Kerans for legislation to authorize the installation and operation of digital
video violation detection monitoring systems to detect drivers failing to
stop for school buses, reports recommending that the accompanying bill
(House, No. 4450) ought to pass.
For the committee,
WILLIAM M. STRAUS. 1 of 14
FILED ON: 2/5/2024
HOUSE . . . . . . . . . . . . . . . No. 4450
The Commonwealth of Massachusetts
_______________
In the One Hundred and Ninety-Third General Court
(2023-2024)
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An Act concerning the safety of school children embarking and disembarking school buses.
Whereas, The deferred operation of this act would tend to defeat its purpose, which is to
safeguard student safety, therefore it is hereby declared to be an emergency law, necessary for
the immediate preservation of the public safety.
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. Section 14 of Chapter 90 of the General Laws is hereby amended by
2inserting after section 14B the following section:-
3 Section 14C. (a) In addition to other monitoring devices lawfully authorized to be
4installed in school buses and notwithstanding any general or special law to the contrary, any city
5or town within the Commonwealth is hereby authorized to install and operate live digital video
6school bus violation detection monitoring systems for purpose of enforcing violations against the
7owner of a motor vehicle whose vehicle failed to stop for a school bus when required to do so by
8the provisions of Section 14. Such systems shall be limited to monitor and detect violations of
9motorists failing to stop for a school bus.
10 (b) (1) As used in this section, the following words shall have the following meanings: 2 of 14
11 “School bus violation detection monitoring system”, a camera system that shall monitor
12and detect motor vehicles overtaking or passing school buses when said buses are stopped and
13displaying front and rear alternating flashing red signal lamps as provided in section seven B,
14and that has been stopped to allow pupils to alight from or board the same. It shall be a system
15with two or more camera sensors and computers that produce live digital and recorded video and
162 or more film or digital photographic still images of each motor vehicle at the time it is used or
17operated in a manner that is in violation of Section 14 of Chapter 90.
18 “Stop arm traffic control sign”, a stop sign mounted on a mechanical arm installed on a
19school bus that is deployed when a school bus is stopped to allow pupils to alight from or board
20the same and notify motorists when they are required to stop and when they can proceed.
21 “Violation”, the failure of an operator of a motor vehicle to comply with the laws, codes,
22regulations, by-laws, ordinances, rules or other forms of legislation governing the traffic control
23requirements for school buses stopped to allow pupils to alight from or board same for which a
24school bus violation detection monitoring system is installed and is in operation.
25 (2) All systems installed for use under this section shall produce an evidence file that
26includes a live visual image viewable remotely, a recorded image of the license plate and the
27capacity to record the date, time and location of the vehicle committing the violation. A law
28enforcement officer, or law enforcement’s approved technician, shall review the video and
29decide whether a violation occurred.
30 (3) Recorded video images and still photographic images must record the rear of the
31motor vehicle, with at least 1 photographic image and 1 recorded video image clearly recording
32the motor vehicle immediately before the violation of the stop arm traffic control sign and at 3 of 14
33least 1 photographic image and 1 recorded video image recording the motor vehicle passing the
34stopped school bus with the stop arm traffic control sign deployed in violation of the stop arm
35traffic control sign. Additionally, at least 1 photographic image and 1 recorded video image
36must clearly identify the license plate of the motor vehicle.
37 (4) To the extent practicable, any school bus violation detection monitoring system shall
38use necessary technologies to ensure that photographs or recorded video images produced by the
39school bus violation detection monitoring system shall not include a frontal view photograph or
40video image of the motor vehicle that is in violation of the stop arm traffic control sign or images
41that identify the operator, the passengers, or the contents of the vehicle, but no notice of liability
42issued under this section shall be dismissed solely because a photograph or recorded video image
43allow for the identification of the operator, passengers, or contents of a vehicle as long as a
44reasonable effort has been made to comply with this paragraph.
45 (5) Any school bus installed with a school bus violation detection monitoring system
46shall post warning signage indicating the use of such system. The signage shall remain on each
47bus as long as a school bus violation detection monitoring system is in operation.
48 (6) A penalty imposed for a violation of this section shall not be considered a criminal
49conviction and shall not be considered a moving violation of the motor vehicle laws for the
50purpose of determining surcharges on motor vehicle premiums pursuant to Section113B of
51Chapter 175 although as provided in this section the violation shall be noted on the registered
52owner or owner’s driving record.
53 (7) The fines contained in this section and section 14 for a failure to stop for a school bus
54shall be applied whether the violation is detected through the use of a school bus mounted 4 of 14
55violation detection monitoring system or by a police officer on scene who issues a written
56citation to the operator of the motor vehicle. Pursuant to the provisions of Section 2 of Chapter
57280, all fines imposed for a violation of failing to stop for school bus in accordance with section
5814 that is detected by a school bus violation detection monitoring system or by a police officer
59who cites the operator in hand shall be paid over to the treasury of the city or town where the
60offense was committed.
61 (8) Wherever an agreement under this section is to take effect upon its acceptance by a
62municipality or district, or is to be effective in municipalities or districts accepting its provisions,
63this acceptance shall be, except as otherwise provided, in a municipality, by vote of the
64legislative body, subject to the charter of the municipality, or, in a district, by vote of the district
65at a district meeting. A city or town may enter into an agreement with a private vendor or
66manufacturer to provide a school bus violation detection monitoring system on each bus within
67its fleet whether owned or leased, up to and including the installation, operation and maintenance
68of such systems. Compensation paid to the manufacturer or vendor of the school bus violation
69detection monitoring system as authorized by this section shall not be based upon the revenue
70generated by the use of such systems. The compensation paid to the manufacturer or vendor of
71the equipment shall be based upon the value of the equipment installed and the recurring services
72provided in support of the school bus violation detection monitoring systems including
73processing of evidence files, cost of the technology provided and maintenance of such
74technology. Said agreement shall only become effective after consent by the affected local or
75regional school department, by vote of a majority of its governing school committee.
76 (9) A city or town shall provide reimbursement of expenses to the private vendor or
77manufacturer for the installation, operation and maintenance of the school bus violation detection 5 of 14
78monitoring systems in operation and acknowledged by an agreement between the private vendor
79and the school department that has adopted this section. Unless modified by an agreement with a
80city or town, reimbursement shall be made from ticket revenue proceeds incurred under this
81section only if received as currently allocated under the laws of the Commonwealth for said
82citations so as to eliminate any cost to the city or town for installation, operation and
83maintenance of the school bus violation detection monitoring systems in its municipality. Such
84reimbursement shall be made to the private vendor or manufacturer within 45 days following the
85submittal of request for cost reimbursement. Such reimbursement shall not exceed 50% of the
86ticket revenue proceeds in any preceding period. If such violations occur on highways or roads
87controlled by the Commonwealth, then reimbursement for installing, operating, and maintaining
88school bus violation detection systems shall be permitted from the Commonwealth to the private
89vendor from ticket proceeds pursuant to this section only.
90 (c) (1) An evidence file of the alleged violation and the signed affidavit shall be
91forwarded to a trained law enforcement officer in the jurisdiction who is trained to observe and
92detect a violation for failure to stop for a stopped school bus allowing pupils to alight or board
93the same. The officer shall issue a citation if he or she is satisfied that a violation was committed
94under section 14 and the vehicle committing such violation can be identified from its registration
95plate. A certificate, or a facsimile thereof sworn to or affirmed by a police officer or other law
96enforcement officer authorized to issue motor vehicle citations for violations of traffic laws,
97stating that based upon inspection of the evidence file produced by a school bus violation
98detection monitoring system, the vehicle was in violation of this section, shall be prima facie
99evidence of the facts contained therein. Any recorded video images or still photographic images
100produced by a school bus violation detection monitoring system evidencing the violation shall be 6 of 14
101available for inspection in any proceeding to adjudicate the liability for the violation adopted
102under this section.
103 (2) In all prosecutions of civil traffic violations based on evidence obtained from a school
104bus violation detection monitoring system the registered owner of the motor vehicle shall be
105primarily responsible pursuant to the provisions of this chapter except as otherwise provided in
106this section. In the event the registered owner of the vehicle operated in violation of this chapter
107was not the operator of the vehicle at the time of the violation the registered owner of the vehicle
108shall (i) assume liability for the violation by paying the fine; (ii) upon written receipt of the
109citation, provide the issuing authority within 30 days of the date of issuance, the name, address,
110registration number and license plate of the operator of the vehicle who was responsible along
111with a signed affidavit acknowledging such; or (iii) defend the violation pursuant to the
112procedures established for traffic violations under this section. A vehicle owned or leased to a
113corporation that is identified by a school bus violation detection monitoring system under this
114section shall be primarily responsible for a violation pursuant to section 14 even if a person who
115normally operates the vehicle for the corporation denies that he or she were operating the vehicle
116at the time of the violation although no entry shall be made on the person’s driving record.
117 (3) A penalty imposed may, if so provided in writing, be increased by up to 33 1/3% if
118the penalty remains unpaid in excess of 45 days after a citation has been issued consistent with
119the procedures established in this section and there has been no request for a hearing under
120paragraph (3) of subsection (d).
121 (d) (1) Upon the determination of a violation through the use of a school bus violation
122detection monitoring system, it shall be the duty of the chief of police of the city or town, or any 7 of 14
123designee of the chief, to issue the owner or owners of the vehicle a citation pursuant to the
124provisions of Chapter 90C. The citation shall require the owner or owners to pay the fine
125amount issued pursuant to section 14 or appear before the parking clerk not later than 30 days
126after the date the citation was sent under the procedures established pursuant to violations under
127this section. The citation shall be mailed to the address of the registered owner or owners as
128contained in the registry or in records of the Department of Motor Vehicles in the jurisdiction in
129which the vehicle is registered if other than the Commonwealth for any motor vehicle identified
130by the school bus violation detection monitoring system as evidence of a violation of this section.
131Citations shall be mailed by first class mail, postmarked no later than 14 days after the date of
132the alleged violation, inclusive of Sundays and holidays. In the case of any motor vehicle
133registered under the laws of another state or country, if the address is unavailable, it shall be
134sufficient to mail the citation to the official in the state or country having charge of the
135registration of the motor vehicle. The citation shall be considered sufficient notice, and a
136certificate of the chief of police or the chief’s designee mailing the citation stating that it has
137been mailed in accordance with this section shall be deemed prima facie evidence thereof and
138shall be admissible in any judicial or administrative proceeding as to the facts contained therein.
139The citation shall be sufficient to commence a prosecution. The chief or the chief’s designee
140shall retain and safely preserve a copy of the citation and shall at a time no later than the
141beginning of the next business day of the city or town after mailing to the owner or owners,
142deliver another copy to the parking clerk before whom the owner or owners have been notified to
143appear. The parking clerk shall maintain a docket of all such notices to appear. For purposes of
144this section, the date of issuance shall be the date of mailing. The police officer issuing the
145citation shall certify that the evidence obtained from the school bus violation detection 8 of 14
146monitoring system was sufficient to demonstrate a violation of section 14. Such certification
147shall be sufficient in all prosecutions pursuant to this section to justify the entry of a default
148judgment in all cases where the citation is not answered within the time period permitted under
149this section. The citation issued by the trained law enforcement officer in the jurisdiction shall
150contain but not be limited to the following information: (i) a citation for the violation, which
151shall include the name and address of the person or persons liable as an owner or owners of the
152motor vehicle for the violation of this section, the registration number and state of issuance of the
153registration number of the vehicle involved in the violation, the date, time and location of the
154violation, the specific violation charged, the amount of the penalty for the violation, and the date
155by which the penalty shall be paid; (ii) a copy of two or more still photographs,
156microphotographs, video or other recorded images showing the vehicle in violation of the stop
157arm traffic sign; (iii) a copy of the certificate or affidavit of the police officer under paragraph
158(1) of subsection (c); (iv) a statement that recorded video images and photographic images are
159evidence of a violation of section 14; (v) a schedule of fines for the violation as established by
160the Commonwealth; (vi) instructions for the return of the citation notice including but not
161limited to the following text:— “This notice and the required payment may be returned in
162person, by mail, or by a duly authorized agent. A hearing to contest liability may be obtained
163upon the written request of the registered owner. Failure to pay the penalty or to contest liability
164within 30 days of issuance of this notice is an admission of liability and may result in a default
165judgment being entered against the owner to whom the violation has been issued and/or non-
166renewal or suspension of the license to drive and the certificate of registration of the registered
167owner.”; (vii) an affidavit form approved by the parking clerk for the purpose of complying
168with paragraph (5); and (viii) a statement explaining the procedure to adjudicate the violation by 9 of 14
169mail under paragraph (6). (2) Any person notified to appear before the parking clerk, as
170provided in this section, may appear before the parking clerk, or his designee, and confess the
171offense charged, either personally or through a duly authorized agent or by mailing to the
172parking clerk the notice accompanied by the fine provided therein, such payment to be made
173only by postal note, money order or check made out to the parking clerk. Payment of the penalty
174established shall operate as a final disposition of the case.
175 (3) Except as expressly provided, all prosecutions based on evidence produced by a
176school bus violation detection monitoring system shall follow the procedures of this section.
177Notwithstanding the installation and use of a live digital video school bus violation detection
178monitoring system on a school bus, a trained police officer in whose presence of motorist failing
179to stop for a stopped school bus as required under section 14, may issue a citation at the scene to
180the operator of such vehicle for such violation pursuant to section 14. An owner of a vehicle
181shall not be liable for a citation as a result of a school bus violation detection monitoring system
182if the operator of the vehicle were cited directly by a police officer at the scene of the violation.
183 (4) Should any person notified to appear hereunder fail to appear and, if a penalty is
184provided hereunder, to pay the same, or if the person requests a hearing to contest liability, the
185parking clerk shall forthwith schedule the matter before a person referred to in this section as a
186hearing officer. The hearing officer shall be the parking clerk of the city or town in which the
187violation occurred or any other person or persons that the parking clerk may designate. Written
188notice of the date, time and place of the hearing shall be sent by first-class mail to the registered
189owner or owners. The hearing shall be informal, the rules of evidence shall not apply and the
190decision of the hearing officer shall be final subject to judicial review as provided by Section 14
191of Chapter 30A. Within 21 days of the hearing, the hearing officer shall send by first class mail 10 of 14
192to the registered owner or owners the decision of the hearing officer, including the reasons for
193the outcome.
194 (5) Any owner to whom a citation has been issued shall not be liable for a violation of
195this section: (a) if the violation were necessary to allow the passage of an emergency vehicle; (b)
196if the violation were necessary in order to protect the property or person of another; (c) if the
197violation were incurred while participating in a funeral procession; (d) if the violation were
198incurred during a period of time in which the motor vehicle was reported to the police
199department of any state, city or town as having been stolen and had not been recovered before
200the time the violation occurred; (e) if the operator of the motor vehicle were operating the motor
201vehicle under a rental or lease agreement and the owner of the motor vehicle is a rental or leasing
202company; (f) if the operator of the motor vehicle were convicted of the underlying violation
203under a citation issued in accordance with Section 2 of Chapter 90C; (g) if the violation were
204necessary to comply with an order of a law enforcement officer or of a flagger directing traffic
205flow; or (h) if the vehicle were subject to the exceptions granted to an authorized emergency
206vehicle under Section 7B of Chapter 89. An owner disputing a violation under this subsection
207shall, within 30 days of issuance of the notice, provide the parking clerk with an affidavit signed
208under the pains and penalties of perjury in a form approved by the parking clerk, as provided for
209in clause (vii) of paragraph (1) of this subsection stating (1) the reason for disputing the
210violation; (2) the full legal name and address of the owner of the motor vehicle; (3) the names
211and addresses of all witnesses supporting the owner’s defense and the specifics of their
212knowledge; and (4) where applicable, the signed statements from witnesses. The affidavit shall
213be filed with the request for a hearing. 11 of 14
214 (6) Any person notified to appear before the parking clerk, as provided in this paragraph,
215may without waiving his right to a hearing before the parking clerk or hearing officer as provided
216by this subsection, and also without waiving judicial review under Section 14 of Chapter 30A,
217challenge the validity of the citation and receive a review and disposition of the violation from
218the parking clerk or a hearing officer by mail. The owner may, upon receipt of the citation, send
219a signed statement explaining his objections to the violation notice as well as signed statements
220from witnesses, police officers, government officials and any other relevant parties. Photographs,
221diagrams, maps and other documents may also be sent with the statements. Any statements or
222materials sent to the parking clerk for review shall have attached the person’s name and address
223as well as the citation number and the date of the violation. The parking clerk or hearing officer
224shall, within 21 days of receipt of this material, review the material and dismiss or uphold the
225violation and notify, by mail, the owner or owners of the disposition of the written review. If the
226outcome of the written review is adverse to the owner or owners, the parking clerk or hearing
227officer shall explain the reasons for the outcome on the notice. The review and disposition
228handled by mail shall be informal, the rules of evidence shall not apply, and the decision of the
229parking clerk or hearing officer based upon the written materials shall be final, unless the owner
230invokes the hearing provisions under this section or judicial review under Section 14 of Chapter
23130A.
232 (7) If any person fails to appear before the hearing officer in accordance with the notice,
233or fails to receive a favorable adjudication of the hearing from a hearing officer and fails to pay
234the fine within 30 days of the date that the hearing officer has mailed notice of the decision of the
235hearing officer, the parking clerk shall notify the registrar of motor vehicles, who shall place the
236matter on record. Upon notification to the registrar of 2 or more citations under this section or 12 of 14
237section 14 from the parking clerk of the city or town, or state authorities or agencies, the registrar
238shall not issue or renew or may suspend the owner’s license to operate a motor vehicle or motor
239vehicle registration until after notification from the parking clerk of each city, agency or
240authority, from whom the registrar received notification, that all fines, taxes and penalties owed
241by the owner under this section have been disposed of in accordance with law. Upon such
242notification to the registrar, an additional charge of $20 payable to the registrar but collected by
243the city or town, and an additional charge of $20 payable to and collected by the city or town,
244shall be assessed against the registered owner of the motor vehicle. The parking clerk shall notify
245the registrar forthwith that the case has been so disposed, but certified receipt of full and final
246payment from the parking clerk of the city or town, or state agency or authority issuing the
247violation shall also serve as legal notice to the registrar that the violation has been disposed of in
248accordance with law. The certified receipt shall be printed in a form approved by the registrar of
249motor vehicles.
250 (8) Upon the accumulation by an owner of 2 or more outstanding citations under this
251section or section 14 on account of violations of any statute, ordinance, order, rule or regulation
252relating to the operation, control or parking of motor vehicles in a particular city or town,
253notwithstanding any notification to the registrar, the parking clerk of the city or town may notify
254the chief of police or director of traffic and parking of the city or town that the vehicle bearing
255the registration to which the notices have been issued shall be removed and stored or otherwise
256immobilized by a mechanical device at the expense of the registered owner of the vehicle until
257all fines, taxes and penalties owed by the owner either under this section, or otherwise arising out
258of the parking or usage of the owner’s motor vehicle, have been disposed of in accordance with
259law. No vehicle shall be removed, stored, or otherwise immobilized unless the owner of the 13 of 14
260motor vehicle shall have received 10 days prior notification by mail that the motor vehicle may
261be removed, stored, or immobilized without further notification. It shall be sufficient for the
262parking clerk to mail, postage prepaid, the notification to the last known address of the registered
263owner. It shall be sufficient for the parking clerk, in the case of a motor vehicle registered in
264another state or country, to mail notification to the official in the state or country having charge
265of the registration of the motor vehicle.
266 (e)(1) Other than for purposes of enforcement of a violation of this section and section 14
267or for purposes of an owner defending a violation of this section, recorded video images and
268photographs taken or created under this section may only be obtained under an order by a court
269of competent jurisdiction.
270 (2) All recorded video images and other photographic information obtained through the
271use of school bus violation detection monitoring systems authorized in this section that do not
272identify a violation shall be destroyed by any city, town, school department or vendor within 30
273days of the date the image was recorded, unless otherwise ordered by a court of competent
274jurisdiction. All photographic and other recorded information that identifies a violation shall be
275destroyed within 1 year of final disposition of proceedings related to the enforcement or defense
276of a violation, unless otherwise ordered by a court of competent jurisdiction. Each city, town,
277school department, and vendor under agreement utilizing 1 or more school bus violation
278detection monitoring systems shall file notice attested under penalties of perjury annually within
27930 days of the close of the fiscal year with the secretary of state that these records have been
280destroyed in accordance with this paragraph. All recorded video, audio and other photographic
281information, however stored or retained, which is obtained through systems authorized in this
282section are the property of the municipality under agreement with a vendor and may not be used 14 of 14
283by a vendor for any other purposes; upon the expiration of any agreement authorized under this
284section, all of said video, audio, and/or other photographic information shall be delivered within
28530 days to the particular municipality unless otherwise ordered by a court of competent
286jurisdiction.
287 (3) The administrator of the school bus violation detection monitoring system within any
288city or town accepting this section shall also submit an annual report to the Massachusetts
289Department of Transportation regarding the use and operation of the monitoring system. This
290annual report shall contain data on the number of citations issued under this section at each
291particular intersection, and of those citations, shall detail the number paid without a request for a
292hearing; the number found responsible after a hearing; and the number dismissed after a hearing.
293In addition, the report shall also include the cost to maintain each said monitoring system and the
294amount of revenue obtained from each said monitoring system.