Massachusetts 2023-2024 Regular Session

Massachusetts House Bill H4940 Compare Versions

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

Old	New	Differences
1	1	1 of 8
2	2	FILED ON: 7/30/2024
3	3	HOUSE . . . . . . . . . . . . . . . No. 4940
4	4	The Commonwealth of Massachusetts
5	5	_______________
6	6	In the One Hundred and Ninety-Third General Court
7	7	(2023-2024)
8	8	_______________
9	9	An Act concerning the safety of school children embarking and disembarking school buses.
10	10	Whereas, The deferred operation of this act would tend to defeat its purpose, which is to
11	11	safeguard student safety, therefore it is hereby declared to be an emergency law, necessary for
12	12	the immediate preservation of the public safety.
13	13	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
14	14	of the same, as follows:
15	15	1 SECTION 1. Chapter 40 of the General Laws is hereby amended by adding the following
16	16	2section:-
17	17	3 Section 70. (a) As used in this section, the following words shall, unless the context
18	18	4clearly requires otherwise, have the following meanings:
19	19	5 “District”, as defined in section 2 of chapter 70.
20	20	6 “School bus violation detection monitoring system” or “system”, as defined in section
21	21	714C of chapter 90.
22	22	8 “Violation”, as defined in section 14C of chapter 90.
23	23	9 (b) A city or town that accepts this section may install and operate a school bus violation
24	24	10detection monitoring system on a school bus to enforce violations pursuant to sections 14 and 2 of 8
25	25	1114C of chapter 90. Any system shall be limited to monitoring and detecting violations of motor
26	26	12vehicle operators who fail to stop for a school bus.
27	27	13 (c)(1) A city or town that accepts this section may enter into an agreement with a private
28	28	14vendor or manufacturer to provide a school bus violation detection monitoring system on each
29	29	15bus within its fleet whether the school bus is owned or leased, including the installation,
30	30	16operation and maintenance of such systems.
31	31	17 (2) Any money paid to the manufacturer or vendor of the school bus violation detection
32	32	18monitoring system shall not be based upon the revenue generated by the use of such systems.
33	33	19Any money paid to the manufacturer or vendor of the system, including, but not limited to,
34	34	20equipment, shall be based upon the value of the system and equipment installed and the recurring
35	35	21services provided in support of the school bus violation detection monitoring systems, including
36	36	22the processing of evidence files, cost of the technology provided and maintenance of such
37	37	23technology.
38	38	24 (3) An agreement shall only become effective after consent by the affected district, by
39	39	25vote of a majority of its governing school committee.
40	40	26 SECTION 2. Chapter 90 of the General Laws is hereby amended by inserting after
41	41	27section 14B the following 3 sections:-
42	42	28 Section 14C. (a) As used in this section and sections 14D and 14E, the following words
43	43	29shall, unless the context clearly requires otherwise, have the following meanings:
44	44	30 “District”, as defined in section 2 of chapter 70. 3 of 8
45	45	31 “School bus violation detection monitoring system” or “system”, a camera system that
46	46	32monitors and detects a motor vehicle overtaking or passing a school bus when the bus is stopped
47	47	33and displaying front and rear alternating flashing red signal lamps, as provided in section 7B,
48	48	34when the bus has been stopped to allow pupils to alight from or board the bus. A school bus
49	49	35violation detection monitoring system shall meet the requirements described in subsection (c).
50	50	36 “Stop arm traffic control sign”, a stop sign mounted on a mechanical arm installed on a
51	51	37school bus that is deployed when a school bus is stopped to allow pupils to alight from or board
52	52	38the bus and to notify motorists when they are required to stop and when they may proceed.
53	53	39 “Violation”, the failure of an operator of a motor vehicle to comply with section 14 and
54	54	40any other laws, codes, regulations, by-laws, ordinances, rules or other requirements governing
55	55	41traffic control for school buses stopped to allow pupils to alight from or board the bus.
56	56	42 (b)(1) Any city or town that accepts section 70 of chapter 40 may install and operate a
57	57	43school bus violation detection monitoring system on a school bus to enforce violations by an
58	58	44operator of a motor vehicle who fails to stop their vehicle for a school bus when required to do
59	59	45so pursuant to section 14.
60	60	46 (2) A school bus with a school bus violation detection monitoring system shall post
61	61	47signage indicating the use of such system. The signage shall remain on each school bus while a
62	62	48school bus violation detection monitoring system is in operation.
63	63	49 (c)(1) All systems installed on a school bus shall produce an evidence file that includes a
64	64	50live visual video image viewable remotely, a recorded video image of the license plate and the
65	65	51capacity to record the date, time and location of the vehicle committing a violation. 4 of 8
66	66	52 (2) A system’s recorded video images and still photographic images shall record the rear
67	67	53of the motor vehicle with: (i) at least 1 photographic image and 1 recorded video image clearly
68	68	54recording the motor vehicle immediately before the violation of the stop arm traffic control sign;
69	69	55and (ii) at least 1 photographic image and 1 recorded video image recording the motor vehicle
70	70	56passing the stopped school bus with the stop arm traffic control sign deployed in violation of the
71	71	57stop arm traffic control sign. At least 1 photographic image and 1 recorded video image shall
72	72	58clearly identify the registration plate of the motor vehicle.
73	73	59 (3) To the extent practicable, any school bus violation detection monitoring system shall
74	74	60use necessary technology to ensure that photographs or recorded video images produced by the
75	75	61school bus violation detection monitoring system shall not include a frontal view photograph or
76	76	62video image of the motor vehicle that is in violation of the stop arm traffic control sign or images
77	77	63that identify the operator, passengers or contents of the vehicle; provided, however, that no
78	78	64notice of liability issued under this section shall be dismissed solely because a photograph or
79	79	65recorded video image allow for the identification of the operator, passengers or contents of a
80	80	66vehicle if a reasonable effort has been made to comply with this subsection.
81	81	67 (d)(1) Other than for purposes of enforcement of a violation of this section or section 14
82	82	68or for purposes of an owner defending a violation of this section, recorded video images and
83	83	69photographs taken or created under this section shall only be obtained under an order by a court
84	84	70of competent jurisdiction.
85	85	71 (2) All recorded video and photographic images and other information obtained through
86	86	72the use of a school bus violation detection monitoring system, as authorized in this section, that
87	87	73do not identify a violation shall be destroyed by a city, town, school department or vendor within 5 of 8
88	88	7430 days of the date the image was recorded, unless otherwise ordered by a court of competent
89	89	75jurisdiction. All recorded video and photographic images and other information that identify a
90	90	76violation shall be destroyed within 1 year of final disposition of proceedings related to the
91	91	77enforcement or defense of a violation, unless otherwise ordered by a court of competent
92	92	78jurisdiction. Each city, town, school department and vendor under agreement utilizing 1 or more
93	93	79school bus violation detection monitoring systems shall file notice attested under penalties of
94	94	80perjury annually within 30 days of the close of the fiscal year with the state secretary that records
95	95	81have been destroyed in accordance with this paragraph. All recorded video and photographic
96	96	82images and other information, however stored or retained, obtained through systems authorized
97	97	83in this section shall be the property of the municipality under agreement with a vendor and shall
98	98	84not be used by a vendor for any other purpose. Upon the expiration of any agreement authorized
99	99	85under this section, all of said video and photographic images and other information shall be
100	100	86delivered within 30 days to the particular municipality unless otherwise ordered by a court of
101	101	87competent jurisdiction.
102	102	88 (3) The administrator of the school bus violation detection monitoring system within any
103	103	89city, town or district accepting this section shall submit an annual report to the Massachusetts
104	104	90Department of Transportation regarding the use and operation of each system. The report shall
105	105	91contain: (i) data on the number of citations issued under this section at each particular
106	106	92intersection, and of those citations, shall detail: (A) the number paid without a request for a
107	107	93hearing; (B) the number found responsible after a hearing; and (C) the number dismissed after a
108	108	94hearing; and (ii) the cost to maintain each system and the amount of revenue obtained from each
109	109	95system. 6 of 8
110	110	96 Section 14D. (a)(1) An evidence file of an alleged violation pursuant to section 14C shall
111	111	97be forwarded to a law enforcement officer in the jurisdiction who is trained to observe and detect
112	112	98a violation for failure to stop for a stopped school bus allowing pupils to alight or board the bus.
113	113	99 (2) A law enforcement officer, or law enforcement officer’s approved technician, shall
114	114	100review the video images and determine whether a violation occurred.
115	115	101 (3) The officer shall issue a citation if satisfied that a violation was committed pursuant to
116	116	102section 14 and the vehicle committing the violation can be identified from its registration plate.
117	117	103 (b) A certificate or a facsimile thereof sworn to or affirmed by a police officer or other
118	118	104law enforcement officer authorized to issue motor vehicle citations for violations of traffic laws,
119	119	105stating that based upon inspection of the evidence file produced by a school bus violation
120	120	106detection monitoring system, the vehicle was in violation of section 14, shall be prima facie
121	121	107evidence of the facts contained therein.
122	122	108 (c) Any recorded video images or still photographic images produced by a school bus
123	123	109violation detection monitoring system evidencing the violation shall be available for inspection
124	124	110in any proceeding to adjudicate the liability for the violation adopted under this section.
125	125	111 Section 14E. (a) In all actions of civil traffic violations based on evidence obtained from
126	126	112a school bus violation detection monitoring system pursuant to section 14C, the registered owner
127	127	113of the motor vehicle shall be primarily responsible except as otherwise provided in this section.
128	128	114 (b) In the event that the registered owner of a vehicle operated in violation of section 14
129	129	115was not the operator of the vehicle at the time of the violation, the registered owner of the
130	130	116vehicle shall: (i) assume liability for the violation by paying the fine; (ii) upon written receipt of 7 of 8
131	131	117the citation, provide the issuing authority within 30 days of the date of issuance with the name,
132	132	118address and registration plate number of the operator of the vehicle who was responsible along
133	133	119with a signed affidavit acknowledging such; or (iii) defend the violation pursuant to the
134	134	120procedures established for traffic violations under this chapter.
135	135	121 (c) A vehicle owned or leased to a corporation that is identified by a school bus violation
136	136	122detection monitoring system under this section shall be primarily responsible for a violation
137	137	123pursuant to section 14 even if a person who normally operates the vehicle for the corporation
138	138	124denies that they were operating the vehicle at the time of the violation; provided, that no entry
139	139	125shall be made on the person’s driving record.
140	140	126 (d)(1) A penalty imposed for a violation of this section shall not be considered a criminal
141	141	127conviction and shall not be considered a moving violation of the motor vehicle laws for the
142	142	128purpose of determining surcharges on motor vehicle premiums pursuant to section 113B of
143	143	129chapter 175; provided, however, that the violation shall be noted on the registered owner or
144	144	130operator’s driving record.
145	145	131 (2) The fines pursuant to section 14 for a failure to stop for a school bus shall be applied
146	146	132whether the violation is detected through the use of a school bus violation detection monitoring
147	147	133system or by a police officer on scene who issues a written citation to the operator of the motor
148	148	134vehicle. Pursuant to section 2 of chapter 280, all fines imposed for a violation of failing to stop
149	149	135for a school bus in accordance with section 14 that is detected by a school bus violation detection
150	150	136monitoring system or by a police officer who cites the operator in hand shall be paid to the
151	151	137treasury of the city or town where the offense was committed. 8 of 8
152	152	138 (e) Upon the determination of a violation through the use of a school bus violation
153	153	139detection monitoring system, it shall be the duty of the chief of police of the city or town, or any
154	154	140designee of the chief, to issue the owner of the vehicle a citation pursuant to chapter 90C.