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SENATE DOCKET, NO. 1263 FILED ON: 1/19/2023
SENATE . . . . . . . . . . . . . . No. 1483
The Commonwealth of Massachusetts
_________________
PRESENTED BY:
William N. Brownsberger
_________________
To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:
The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
An Act for an equitable ten community pilot program to improve traffic safety.
_______________
PETITION OF:
NAME:DISTRICT/ADDRESS :William N. BrownsbergerSuffolk and Middlesex 1 of 14
SENATE DOCKET, NO. 1263 FILED ON: 1/19/2023
SENATE . . . . . . . . . . . . . . No. 1483
By Mr. Brownsberger, a petition (accompanied by bill, Senate, No. 1483) of William N.
Brownsberger for legislation for an equitable ten community pilot program to improve traffic
safety. Public Safety and Homeland Security.
[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE SENATE, NO. 1545 OF 2021-2022.]
The Commonwealth of Massachusetts
_______________
In the One Hundred and Ninety-Third General Court
(2023-2024)
_______________
An Act for an equitable ten community pilot program to improve traffic 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. Clause Twenty-sixth of section 7 of chapter 4 of the General Laws, as
2appearing in the 2018 Official Edition, is hereby amended by adding the following subclause:-
3 (w) Photographs and other personal identifying information collected by cities and towns
4under chapter 90J.
5 SECTION 2. The General Laws are hereby amended by inserting after chapter 90I the
6following chapter:-
7 CHAPTER 90J.
8 “AUTOMATED ROAD SAFETY ENFORCEMENT PILOT PROGRAM 2 of 14
9 Section 1. As used in this chapter, the following words shall have the following meanings
10unless the context clearly requires otherwise:
11 “Automated road safety camera system”, an automated motor vehicle sensor device that
12produces digital photographs of a motor vehicle that commits a camera enforceable violation at
13the location where the automated motor vehicle sensor device is installed.
14 “Camera enforceable violation”, any of the following violations of a traffic law or
15regulation: (i) failing to stop at a steady red indication in a traffic control signal at an intersection
16pursuant to section 9 of chapter 89; (ii) making a right turn on a steady red indication in a traffic
17control signal where prohibited pursuant to section 8 of said chapter 89; (iii) exceeding the speed
18limit in violation of section 17 , section 18, or section 18B of chapter 90; (iv) passing a school
19bus when its warning signals are activated in violation of section 14 of said chapter 90; (v)
20blocking an intersection in violation of said section 9 of said chapter 89; and (vi) operating,
21parking or causing a motor vehicle to stand in a lane designated for the exclusive use of buses
22unless otherwise regulated or posted by an official traffic signal, sign or marking or at the
23direction of an authorized police officer.
24 “Municipal designee”, the municipal entity designated by the city manager in a city with
25a Plan D or E form of government, the mayor in all other cities or the board of selectmen in a
26town to supervise and coordinate the administration of camera enforceable violations under this
27chapter.
28 “Registrar”, the registrar of motor vehicles.
29 Section 2. (a) A city or town that accepts this chapter may install an automated road
30safety camera system as a means of promoting traffic safety. The automated road safety camera 3 of 14
31system may be placed: (i) along any portion of any way within the city’s or town’s control; (ii)
32along any portion of any way within the control of the commonwealth, other than a limited
33access highway, with written permission from the Massachusetts Department of Transportation
34or the department of conservation and recreation; or (iii) attached to a school bus; provided,
35however, that before equipping a school bus serving a regional school district with an automated
36road safety camera, each city or town member of the regional school district shall accept this
37chapter and shall approve the location of the automated road safety camera system pursuant to
38subsection (b); provided further, that the city or town may impose a penalty for a camera
39enforceable violation on the registered owner of a motor vehicle pursuant to section 3.
40 (b) A city or town that accepts this chapter shall not employ more than 1 automated road
41safety camera system per 2,500 residents as measured by using the most recent census data;
42provided, however, that a city or town with less than 2,500 residents shall not employ an
43automated road safety camera system; and provided further, that an automated road safety
44camera system that is attached to a school bus shall not be included in the number of automated
45road safety camera systems in the city or town. The location of an automated road safety camera
46system shall be approved by the city council with the approval of the mayor in a city or the board
47of selectmen in a town after a public hearing on the proposed location of the automated road
48safety camera system; provided, however, that the city or town shall present the past 3 years of
49available crash data at the proposed location of an automated road safety camera system at the
50public hearing.
51 (c) Annually, not later than December 1, a city or town that accepts this chapter shall
52transmit a report to the Massachusetts Department of Transportation that details each automated
53road safety camera system located in the city or town or proposed to be located in the city or 4 of 14
54town. The report shall include, but not be limited to: (i) a list of the locations of each automated
55road safety camera system in the city or town; (ii) an analysis of the nexus between public safety
56and each location’s automated road safety camera system; and (iii) the number of fines and
57warnings issued for camera enforceable violations pursuant to section 3; (iv) records of the
58maintenance and calibration of each location’s automated road safety camera system. The
59department shall post all reports received pursuant to this section on its website; (v) crash data at
60each separate location of an automated road safety camera system; and (vi) an analysis of the
61frequency of traffic stops by the municipality’s police force prior to and after the implementation
62of an automated road safety camera system.
63 Section 3. (a) The maximum fine imposed under this chapter for a camera enforceable
64violation shall be $25 per violation. Except as provided in section 4, the registered owner of a
65motor vehicle shall be liable for the fine; provided, however, that a registered owner of a motor
66vehicle shall not be liable for the fine imposed under this chapter for a camera enforceable
67violation if the operator of the motor vehicle was issued a citation for the violation in accordance
68with section 2 of chapter 90C. A city or town that accepts this chapter may send a written
69warning to the registered owner of a motor vehicle for the purposes of education in lieu of
70enforcement through a fine; provided, however, that a written warning shall only be issued
71pursuant to objective and consistent criteria in a written policy established by the municipal
72designee; provided further, that the Massachusetts Department of Transportation may provide
73guidance to the city or town on establishing such objective and consistent criteria.
74 (b) A certificate, or a facsimile thereof, based upon inspection of photographs and data
75produced by an automated road safety camera system and sworn to or affirmed by the municipal
76designee shall be prima facie evidence of the facts contained therein. 5 of 14
77 (c) A camera enforceable violation issued by a city or town under this chapter shall not
78be: (i) made part of the operating record of the person upon whom such liability is imposed; or
79(ii) a conviction of a moving violation of the motor vehicle laws for the purpose of determining a
80surcharge on a motor vehicle premium pursuant to section 113B of chapter 175.
81 (d) The municipal designee may hire and designate personnel as necessary or contract for
82services to implement this chapter.
83 (e) (1) The municipal designee shall provide a notice of violation to the registered owner
84of a motor vehicle that is identified in photographs produced by an automated road safety camera
85system as evidence of a camera enforceable violation pursuant to this chapter. The notice shall
86include, but not be limited to: (i) a copy of the photographs produced by the automated road
87safety camera system and any other data showing the vehicle in the process of a camera
88enforceable violation; (ii) the registration number and state of issuance of the vehicle; (iii) the
89date, time and location of the alleged camera enforceable violation; (iv) the specific camera
90enforceable violation charged; (v) instructions for payment of the fine imposed pursuant to
91subsection (a); (vi) instructions on how to appeal the camera enforceable violation in writing and
92to obtain a hearing; and (vii) an affidavit form approved by the municipal designee for the
93purposes of making a written appeal pursuant to subsection (h).
94 (2) In the case of a violation involving a motor vehicle registered in the commonwealth,
95the notice of violation shall be mailed within 14 days of the violation to the address of the
96registered owner of the motor vehicle as listed in the records of the registrar. If a motor vehicle is
97registered under the laws of another state or country, the notice of violation shall be mailed
98within 21 days of the violation to the address of the registered owner as listed in the records of 6 of 14
99the official in the state or country that has charge of the registration of the motor vehicle. If the
100address is unavailable, it shall be sufficient for the municipal designee to mail a notice of
101violation to the official in the state or country that has charge of the registration of the motor
102vehicle.
103 (3) The notice of violation shall be sent by first class mail in accordance with paragraph
104(2). A manual or automatic record of mailing processed by or on behalf of the municipal
105designee in the ordinary course of business shall be prima facie evidence thereof and shall be
106admitted as evidence in any judicial or administrative proceeding as to the facts contained
107therein.
108 (f) A registered owner of a motor vehicle shall not be liable for a camera enforceable
109violation under this chapter if the: (i) violation was necessary to allow the passage of an
110emergency vehicle; (ii) violation was incurred while participating in a funeral procession; (iii)
111violation was incurred during a period of time in which the motor vehicle was reported to the
112police department of any state, city or town as having been stolen and had not been recovered
113before the time the violation occurred; (iv) operator of the motor vehicle was operating the motor
114vehicle under a rental or lease agreement and the registered owner of the motor vehicle is a rental
115or leasing company and has complied with section 4; (v) operator of the motor vehicle was
116issued a citation for the violation in accordance with section 2 of chapter 90C; or (vi) violation
117was necessary to comply with any other law or regulation governing the operation of a motor
118vehicle.
119 (g) A registered owner of a motor vehicle to whom a notice of violation has been issued
120pursuant to this chapter may admit responsibility for the violation and pay the fine provided 7 of 14
121therein. Payment of the established fine shall operate as the final disposition of a camera
122enforceable violation; provided, however, that payment by a registered owner of a motor vehicle
123shall operate as the final disposition of the violation as to any other registered owner of the same
124motor vehicle for the same violation.
125 (h) Not more than 60 days after a camera enforceable violation under this chapter, a
126registered owner of a motor vehicle may contest responsibility for the violation in writing by
127mail or online. The registered owner shall provide the municipal designee with a signed affidavit,
128in a form approved by the municipal designee, stating the: (i) reason for disputing the violation;
129(ii) full legal name and address of the registered owner of the motor vehicle; and (iii) full legal
130name and address of the operator of the motor vehicle at the time the violation occurred. The
131registered owner may include signed statements from witnesses, including the names and
132addresses of witnesses, supporting the registered owner’s defense. Not more than 21 days after
133receipt of the signed affidavit, the municipal designee or the hearing officer shall send the
134decision of the hearing officer, including the reasons for the outcome, by first class mail to the
135registered owner. If the registered owner is found responsible for the violation, the registered
136owner shall pay the fine in the manner described in subsection (g) not more than 14 days after
137the issuance of the decision or request further judicial review pursuant to section 14 of chapter
13830A.
139 (i) In lieu of contesting responsibility for a violation in writing or online pursuant to
140subsection (h) and not more than 60 days after a violation under this chapter, a registered owner
141of the motor vehicle may request a hearing to contest responsibility for a camera enforceable
142violation. A hearing request shall be made in writing by mail or online. Upon receipt of a hearing
143request, the municipal designee shall schedule the matter before a hearing officer. The hearing 8 of 14
144officer may be an employee of the municipal designee or such other person as the municipal
145designee may designate. Written notice of the date, time and place of the hearing shall be sent by
146first class mail to each registered owner of the motor vehicle. The hearing shall be informal, the
147rules of evidence shall not apply and the decision of the hearing officer shall be final subject to
148judicial review pursuant to section 14 of chapter 30A. Not more than 21 days after the hearing,
149the municipal designee or the hearing officer shall send the decision of the hearing officer,
150including the reason for the outcome, by first class mail to the registered owner. If the registered
151owner is found to be responsible for the camera enforceable violation, the registered owner shall
152pay the fine in the manner described in subsection (g) not more than 14 days after the issuance of
153the decision or request further judicial review pursuant to said section 14 of said chapter 30A.
154 (j) The municipal designee shall notify the registrar when a registered owner of a motor
155vehicle to whom a notice of a camera enforceable violation has been issued: (i) fails to contest
156the responsibility for a violation pursuant to subsection (h) or subsection (i) and fails to pay the
157fine in the notice in accordance with subsection (g) within 60 days of the violation; or (ii) is
158found responsible for the violation and does not pay the fine in accordance with subsection (h) or
159subsection (i). Upon being notified by the municipal designee, the registrar shall place the matter
160on record. The municipal designee shall notify the registrar immediately when a fine that is the
161basis for a notice to the registrar under this subsection has been paid; provided, however, that
162certified receipt of full and final payment from the municipal designee issuing a violation shall
163also serve as legal notice to the registrar that a violation has been disposed of in accordance with
164this chapter. The certified receipt shall be printed in such form as the registrar may approve.
165 Section 4. (a) Notwithstanding section 3, if the registered owner of a motor vehicle is a
166person or entity engaged in the business of leasing or renting motor vehicles and the motor 9 of 14
167vehicle was operated under a rental or lease agreement at the time of the camera enforceable
168violation, this section shall be applicable and the registered owner shall not be liable for any
169unpaid fines if the registered owner has complied with the requirements of this section.
170 (b) The municipal designee shall provide notice in writing of each camera enforceable
171violation to the registered owner of a motor vehicle if a motor vehicle owned by the registered
172owner is involved in a camera enforceable violation.
173 (c) Not more than 45 days after the violation, the registered owner shall furnish to the
174municipal designee, in writing, the name and address of the lessee or rentee of the motor vehicle
175at the time of the camera enforceable violation, the lessee’s or rentee’s driver’s license number,
176the state that issued the driver’s license and the lessee’s or rentee’s date of birth.
177 (d) Upon receipt of the information required under subsection (c), the municipal designee
178shall issue a notice of a camera enforceable violation to the lessee or rentee in the form
179prescribed by section 3 and the lessee or rentee shall be liable for the violation.
180 (e) The municipal designee shall notify the registrar if the lessee or rentee to whom a
181notice of violation has been issued: (i) fails to contest the responsibility for a camera enforceable
182violation pursuant to either subsection (h) or subsection (i) of section 3 and fails to pay the fine
183in the notice in accordance with subsection (g) of said section 3 within 90 days of the violation;
184or (ii) is found responsible for the violation and does not pay the fine in accordance with said
185subsection (h) or said subsection (i) of said section 3. Upon being notified by the municipal
186designee, the registrar shall place the matter on record.
187 The municipal designee shall notify the registrar immediately when a fine that is the basis
188for a notice to the registrar under this subsection has been paid; provided, however, that certified 10 of 14
189receipt of full and final payment from the municipal designee issuing a camera enforceable
190violation shall also serve as notice to the registrar that the camera enforceable violation has been
191disposed of in accordance with this chapter; provided further, that the certified receipt shall be
192printed in such form as the registrar may approve.
193 Section 5. No violation shall be issued pursuant to this chapter for: (i) a failure to stop at
194a signal at an intersection if any part of the vehicle was over the stop line when the light was
195yellow, regardless of whether or not the light turned red while the vehicle was over the stop line;
196(ii) exceeding the speed limit, unless the vehicle exceeds the speed limit by not less than 10 miles
197per hour where the posted speed limit is 45 miles per hour or greater and not less than 5 miles per
198hour where the posted speed limit is less than 45 miles per hour; (iii) passing a school a bus
199when its warning signals are activated, unless the vehicle crosses the plane of the stop sign on the
200bus; (iv) making a right turn on a steady red indication in a traffic control signal where
201prohibited, unless the entire vehicle has crossed the stop line; or (v) blocking an intersection,
202unless the entire vehicle has crossed the stop line and no portion of the vehicle has exited the
203intersection.
204 Section 6. (a) A city or town that accepts this chapter shall install at each location of an
205automated road safety camera system an unobstructed sign notifying the public that an
206automated road safety camera system is in use; provided, however, that a school bus with an
207automated road safety camera system shall have a sign on the bus notifying the public that an
208automated road safety camera system is in use on the bus.
209 (b) A city or town that accepts this chapter shall make a public announcement and
210conduct a public awareness campaign of its use of automated road safety camera systems 11 of 14
211beginning not less than 60 days before the first such automated road safety camera system is put
212into use; provided, however, that a city or town that accepts this chapter may install but shall not
213activate automated road safety camera systems during the 60-day time period.
214 Section 7. (a) The compensation paid to the manufacturer or vendor of an automated road
215safety camera system authorized in this chapter shall be based on the value of the equipment or
216services provided and shall not be based on the number of camera enforceable violations issued
217or the revenue generated by the automated road safety camera system.
218 (b) Not less than annually, a professional engineer registered in the commonwealth or an
219independent laboratory shall verify that the automated road safety camera system and any
220appurtenant traffic control signals are correctly calibrated.
221 Section 8. (a) An automated road safety camera system shall only take photographs when
222a camera enforceable violation occurs. Photographs and other recorded evidence shall be
223destroyed not more than 48 hours after the final disposition of a camera enforceable violation.
224 (b) A photograph or other recorded evidence taken pursuant to this chapter shall not be
225discoverable in any judicial or administrative proceeding, other than a proceeding held pursuant
226to this chapter, without a court order. A photograph or other recorded evidence taken pursuant to
227this chapter shall not be admissible in any judicial or administrative proceeding, other than in a
228proceeding to adjudicate liability for a violation of this chapter, without a court order. A court
229shall not order a release of a photograph or other recorded evidence taken pursuant to this
230chapter unless the photograph or other recorded evidence establishes or undermines a finding of
231a moving violation and the camera enforceable violation is material as to a finding of civil or
232criminal liability. 12 of 14
233 (c) Photographs and other personal identifying information collected by a city or town
234pursuant to this chapter shall not be a public record under Clause Twenty-Sixth of section 7 of
235chapter 4 or chapter 66.
236 (d) An automated road safety camera system shall not be utilized to take a frontal view
237photograph of a motor vehicle committing a camera enforceable violation. A frontal view
238photograph of a motor vehicle committing a camera enforceable violation taken by an automated
239road safety camera system shall not be discoverable or admissible in any judicial or
240administrative proceeding and shall not be used as the basis for a camera enforceable violation
241under this chapter. To the extent practicable, additional efforts shall be made to ensure that
242photographs produced by an automated road safety camera system do not identify the vehicle
243operator, the passengers or the contents of the vehicle.
244 (e) A city or town or a manufacturer or vendor of an automated road safety camera
245system may not use, disclose, sell or permit access to data collected by an automated road safety
246camera system except as necessary to process camera enforceable violations in accordance with
247this chapter.
248 Section 9. A city or town that accepts this chapter may only recover costs reasonably
249related to the implementation and operation of an automated road safety camera system
250including, but not limited to, costs associated with: (i) maintaining and operating the automated
251road safety camera system; (ii) issuing notices of camera enforceable violations; (iii) holding
252hearings for appeals of camera enforceable violations; (iv) notifying the registrar of a failure to
253pay a fine under this chapter; and (v) collecting a fine; provided, however, that net revenues 13 of 14
254collected by participating cities and towns pursuant to this chapter shall be deposited in the
255Massachusetts Transportation Trust Fund established in section 4 of chapter 6C.
256 Section 10. The operation of emergency vehicles shall be subject to this chapter except as
257otherwise provided in section 7B of chapter 89.
258 Section 10A. A city or town shall not implement this chapter unless the city or town has
259submitted a plan for the implementation of automated road safety camera systems to the
260Massachusetts Department of Transportation and the department has approved the plan. The
261review of the plan by the department shall include, but shall not be limited to, consideration of
262the social and racial equity impacts of the plan. There shall not be more than 10 approved plans
263in effect at any given time.
264 Section 10B. Not less than annually, the Massachusetts Department of Transportation
265shall submit a report to the clerks of the senate and house of representatives, the senate and house
266committees on ways and means and the joint committee on transportation that analyzes the
267public safety, traffic congestion, and social and racial equity impacts of this chapter. The
268Massachusetts Department of Transportation shall also publish the report on its website.
269 Section 11. The Massachusetts Department of Transportation shall promulgate rules and
270regulations necessary to implement this chapter.
271 SECTION 2A. Not later than 90 days from the effective date of this act, the
272Massachusetts Department of Transportation shall promulgate regulations to implement chapter
27390J of the General Laws. The regulations shall include, but not be limited to: (i) establishing
274standardized forms for notices of violations and written warnings; (ii) developing uniform
275signage requirements for the purpose of complying with subsection (a) of section 6 of said 14 of 14
276chapter 90J; and (iii) establishing standards for the calibration of automated road safety camera
277systems under subsection (b) of section 7 of said chapter 90J.
278 “SECTION 3. The first report required under section 10B of chapter 90J of the General
279Laws shall be submitted not less than 2 years after the first plan is approved by the
280Massachusetts Department of Transportation under section 10A of said chapter 90J.