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Massachusetts Senate Bill S2275

Massachusetts 2023-2024 Regular Session

Massachusetts Senate Bill S2275 Compare Versions

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22 SENATE DOCKET, NO. 1945 FILED ON: 1/20/2023
33 SENATE . . . . . . . . . . . . . . No. 2275
44 The Commonwealth of Massachusetts
55 _________________
66 PRESENTED BY:
77 Michael O. Moore
88 _________________
99 To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
1010 Court assembled:
1111 The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
1212 An Act relative to school bus safety cameras.
1313 _______________
1414 PETITION OF:
1515 NAME:DISTRICT/ADDRESS :Michael O. MooreSecond WorcesterJohn C. VelisHampden and Hampshire2/7/2023Robyn K. KennedyFirst Worcester2/15/2023Joanne M. ComerfordHampshire, Franklin and Worcester2/22/2023 1 of 12
1616 SENATE DOCKET, NO. 1945 FILED ON: 1/20/2023
1717 SENATE . . . . . . . . . . . . . . No. 2275
1818 By Mr. Moore, a petition (accompanied by bill, Senate, No. 2275) of Michael O. Moore, John C.
1919 Velis, Robyn K. Kennedy and Joanne M. Comerford for legislation relative to school bus safety
2020 cameras. Transportation.
2121 The Commonwealth of Massachusetts
2222 _______________
2323 In the One Hundred and Ninety-Third General Court
2424 (2023-2024)
2525 _______________
2626 An Act relative to school bus safety cameras.
2727 Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
2828 of the same, as follows:
2929 1 SECTION 1. The General Laws are hereby amended by inserting after chapter 90I the
3030 2following chapter:-
3131 3 CHAPTER 90J. AUTOMATED SCHOOL BUS ROAD SAFETY ENFORCEMENT
3232 4 Section 1. As used in this chapter, the following words shall have the following meanings
3333 5unless the context clearly requires otherwise:
3434 6 “Automated road safety camera system”, an automated motor vehicle sensor device
3535 7attached to a school bus that produces digital photographs of a motor vehicle that commits a
3636 8camera enforceable violation at the location where the automated motor vehicle sensor device is
3737 9installed.
3838 10 “Camera enforceable violation”, passing a school bus when its warning signals are
3939 11activated in violation of section 14 of said chapter 90. 2 of 12
4040 12 “Municipal designee”, the municipal entity designated by the city manager in a city with
4141 13a Plan D or E form of government, the mayor in all other cities or the board of selectmen in a
4242 14town to supervise and coordinate the administration of camera enforceable violations under this
4343 15chapter.
4444 16 “Registrar”, the registrar of motor vehicles.
4545 17 Section 2. (a) A city or town that accepts this chapter may install an automated road
4646 18safety camera system as a means of promoting traffic safety. The automated road safety camera
4747 19system may be attached to a school bus; provided, however, that before equipping a school bus
4848 20serving a regional school district with an automated road safety camera, each city or town
4949 21member of the regional school district shall accept this chapter; provided, further, that each city
5050 22council and mayor in a city or board of selectman in a town after a public hearing shall approve
5151 23the number of road safety camera systems; provided further, that the city or town shall present at
5252 24said public hearing the past 3 years of available data relative to accidents occurring near school
5353 25buses and other relevant data that suggests the need for the implementation or expansion of an
5454 26automated road safety camera system; provided further, that the city or town shall present at said
5555 27public hearing data relative to the cost or proposed cost of the automated road safety camera
5656 28system; and, provided further, that the city or town may impose a penalty for a camera
5757 29enforceable violation on the registered owner of a motor vehicle pursuant to section 3.
5858 30 (b) Annually, not later than December 1, a city or town that accepts this chapter shall
5959 31transmit a report to the department of transportation that details each automated road safety
6060 32camera system located in the city or town or proposed to be located in the city or town. The
6161 33report shall include, but not be limited to: (i) a list of the number of school buses with an 3 of 12
6262 34automated road safety camera system in the city or town and their storage location; (ii) the
6363 35number of fines and warnings issued for camera enforceable violations pursuant to section 3; (iii)
6464 36records of the maintenance and calibration of each automated road safety camera system; and
6565 37(iv) data relative to accidents occurring near a school bus in the city or town. The department
6666 38shall post all reports received pursuant to this section on its website; and (v) an analysis of the
6767 39frequency of traffic stops by the city or town’s police force prior to and after the implementation
6868 40of an automated road safety camera system.
6969 41 Section 3. (a) The maximum fine imposed under this chapter for a camera enforceable
7070 42violation shall be $25 per violation. Except as provided in section 4, the registered owner of a
7171 43motor vehicle shall be liable for the fine; provided, however, that a registered owner of a motor
7272 44vehicle shall not be liable for the fine imposed under this chapter for a camera enforceable
7373 45violation if the operator of the motor vehicle was issued a citation for the violation in accordance
7474 46with section 2 of chapter 90C. A city or town that accepts this chapter may send a written
7575 47warning to the registered owner of a motor vehicle for the purposes of education in lieu of
7676 48enforcement through a fine; provided, however, that a written warning shall only be issued
7777 49pursuant to objective and consistent criteria in a written policy established by the municipal
7878 50designee; provided further, that the department of transportation may provide guidance to the
7979 51city or town on establishing such objective and consistent criteria.
8080 52 (b) A certificate, or a facsimile thereof, based upon inspection of photographs and data
8181 53produced by an automated road safety camera system and sworn to or affirmed by the municipal
8282 54designee shall be prima facie evidence of the facts contained therein. 4 of 12
8383 55 (c) A camera enforceable violation issued by a city or town under this chapter shall not
8484 56be: (i) made part of the operating record of the person upon whom such liability is imposed; or
8585 57(ii) a conviction of a moving violation of the motor vehicle laws for the purpose of determining a
8686 58surcharge on a motor vehicle premium pursuant to section 113B of chapter 175.
8787 59 (d) The municipal designee may hire and designate personnel as necessary or contract for
8888 60services to implement this chapter.
8989 61 (e) (1) The municipal designee shall provide a notice of violation to the registered owner
9090 62of a motor vehicle that is identified in photographs of said motor vehicle produced by an
9191 63automated road safety camera system as evidence of a camera enforceable violation pursuant to
9292 64this chapter. The notice shall include, but not be limited to: (i) a copy of the photographs
9393 65produced by the automated road safety camera system and any other data showing the vehicle in
9494 66the process of a camera enforceable violation; (ii) the registration number and state of issuance
9595 67of the vehicle; (iii) the date, time and location of the alleged camera enforceable violation; (iv)
9696 68instructions for payment of the fine imposed pursuant to subsection (a); (v) instructions on how
9797 69to appeal the camera enforceable violation in writing and to obtain a hearing; and (vi) an
9898 70affidavit form approved by the municipal designee for the purposes of making a written appeal
9999 71pursuant to subsection (h).
100100 72 (2) In the case of a violation involving a motor vehicle registered in the commonwealth,
101101 73the notice of violation shall be mailed within 14 days of the violation to the address of the
102102 74registered owner of the motor vehicle as listed in the records of the registrar. If a motor vehicle is
103103 75registered under the laws of another state or country, the notice of violation shall be mailed
104104 76within 21 days of the violation to the address of the registered owner as listed in the records of 5 of 12
105105 77the official in the state or country that has charge of the registration of the motor vehicle. If the
106106 78address is unavailable, it shall be sufficient for the municipal designee to mail a notice of
107107 79violation to the official in the state or country that has charge of the registration of the motor
108108 80vehicle.
109109 81 (3) The notice of violation shall be sent by first class mail in accordance with paragraph
110110 82(2). A manual or automatic record of mailing processed by or on behalf of the municipal
111111 83designee in the ordinary course of business shall be prima facie evidence thereof and shall be
112112 84admitted as evidence in any judicial or administrative proceeding as to the facts contained
113113 85therein.
114114 86 (f) A registered owner of a motor vehicle shall not be liable for a camera enforceable
115115 87violation under this chapter if the: (i) violation was necessary to allow the passage of an
116116 88emergency vehicle; (ii) violation was incurred while participating in a funeral procession; (iii)
117117 89violation was incurred during a period of time in which the motor vehicle was reported to the
118118 90police department of any state, city or town as having been stolen and had not been recovered
119119 91before the time the violation occurred; (iv) operator of the motor vehicle was operating the motor
120120 92vehicle under a rental or lease agreement and the registered owner of the motor vehicle is a rental
121121 93or leasing company and has complied with section 4; (v) operator of the motor vehicle was
122122 94issued a citation for the violation in accordance with section 2 of chapter 90C; or (vi) violation
123123 95was necessary to comply with any other law or regulation governing the operation of a motor
124124 96vehicle.
125125 97 (g) A registered owner of a motor vehicle to whom a notice of violation has been issued
126126 98pursuant to this chapter may admit responsibility for the violation and pay the fine provided 6 of 12
127127 99therein. Payment of the established fine shall operate as the final disposition of a camera
128128 100enforceable violation; provided, however, that payment by a registered owner of a motor vehicle
129129 101shall operate as the final disposition of the violation as to any other registered owner of the same
130130 102motor vehicle for the same violation.
131131 103 (h) Not more than 60 days after a camera enforceable violation under this chapter, a
132132 104registered owner of a motor vehicle may contest responsibility for the violation in writing by
133133 105mail or online. The registered owner shall provide the municipal designee with a signed affidavit,
134134 106in a form approved by the municipal designee, stating the: (i) reason for disputing the violation;
135135 107(ii) full legal name and address of the registered owner of the motor vehicle; and (iii) full legal
136136 108name and address of the operator of the motor vehicle at the time the violation occurred. The
137137 109registered owner may include signed statements from witnesses, including the names and
138138 110addresses of witnesses, supporting the registered owner’s defense. Not more than 21 days after
139139 111receipt of the signed affidavit, the municipal designee or the hearing officer shall send the
140140 112decision of the hearing officer, including the reasons for the outcome, by first class mail to the
141141 113registered owner. If the registered owner is found responsible for the violation, the registered
142142 114owner shall pay the fine in the manner described in subsection (g) not more than 14 days after
143143 115the issuance of the decision or request further judicial review pursuant to section 14 of chapter
144144 11630A.
145145 117 (i) In lieu of contesting responsibility for a violation in writing or online pursuant to
146146 118subsection (h) and not more than 60 days after a violation under this chapter, a registered owner
147147 119of the motor vehicle may request a hearing to contest responsibility for a camera enforceable
148148 120violation. A hearing request shall be made in writing by mail or online. Upon receipt of a hearing
149149 121request, the municipal designee shall schedule the matter before a hearing officer. The hearing 7 of 12
150150 122officer may be an employee of the municipal designee or such other person as the municipal
151151 123designee may designate. Written notice of the date, time and place of the hearing shall be sent by
152152 124first class mail to each registered owner of the motor vehicle. The hearing shall be informal, the
153153 125rules of evidence shall not apply and the decision of the hearing officer shall be final subject to
154154 126judicial review pursuant to section 14 of chapter 30A. Not more than 21 days after the hearing,
155155 127the municipal designee or the hearing officer shall send the decision of the hearing officer,
156156 128including the reason for the outcome, by first class mail to the registered owner. If the registered
157157 129owner is found to be responsible for the camera enforceable violation, the registered owner shall
158158 130pay the fine in the manner described in subsection (g) not more than 14 days after the issuance of
159159 131the decision or request further judicial review pursuant to said section 14 of said chapter 30A.
160160 132 (j) The municipal designee shall notify the registrar when a registered owner of a motor
161161 133vehicle to whom a notice of a camera enforceable violation has been issued: (i) fails to contest
162162 134the responsibility for a violation pursuant to subsection (h) or subsection (i) and fails to pay the
163163 135fine in the notice in accordance with subsection (g) within 60 days of the violation; or (ii) is
164164 136found responsible for the violation and does not pay the fine in accordance with subsection (h) or
165165 137subsection (i). Upon being notified by the municipal designee, the registrar shall place the matter
166166 138on record. The municipal designee shall notify the registrar immediately when a fine that is the
167167 139basis for a notice to the registrar under this subsection has been paid; provided, however, that
168168 140certified receipt of full and final payment from the municipal designee issuing a violation shall
169169 141also serve as legal notice to the registrar that a violation has been disposed of in accordance with
170170 142this chapter. The certified receipt shall be printed in such form as the registrar may approve.
171171 143 Section 4. (a) Notwithstanding section 3, if the registered owner of a motor vehicle is a
172172 144person or entity engaged in the business of leasing or renting motor vehicles and the motor 8 of 12
173173 145vehicle was operated under a rental or lease agreement at the time of the camera enforceable
174174 146violation, this section shall be applicable and the registered owner shall not be liable for any
175175 147unpaid fines if the registered owner has complied with the requirements of this section.
176176 148 (b) The municipal designee shall provide notice in writing of each camera enforceable
177177 149violation to the registered owner of a motor vehicle if a motor vehicle owned by the registered
178178 150owner is involved in a camera enforceable violation.
179179 151 (c) Not more than 45 days after the violation, the registered owner shall furnish to the
180180 152municipal designee, in writing, the name and address of the lessee or rentee of the motor vehicle
181181 153at the time of the camera enforceable violation, the lessee’s or rentee’s driver’s license number,
182182 154the state that issued the driver’s license and the lessee’s or rentee’s date of birth.
183183 155 (d) Upon receipt of the information required under subsection (c), the municipal designee
184184 156shall issue a notice of a camera enforceable violation to the lessee or rentee in the form
185185 157prescribed by section 3 and the lessee or rentee shall be liable for the violation.
186186 158 (e) The municipal designee shall notify the registrar if the lessee or rentee to whom a
187187 159notice of violation has been issued: (i) fails to contest the responsibility for a camera enforceable
188188 160violation pursuant to either subsection (h) or subsection (i) of section 3 and fails to pay the fine
189189 161in the notice in accordance with subsection (g) of said section 3 within 90 days of the violation;
190190 162or (ii) is found responsible for the violation and does not pay the fine in accordance with said
191191 163subsection (h) or said subsection (i) of said section 3. Upon being notified by the municipal
192192 164designee, the registrar shall place the matter on record.
193193 165 The municipal designee shall notify the registrar immediately when a fine that is the basis
194194 166for a notice to the registrar under this subsection has been paid; provided, however, that certified 9 of 12
195195 167receipt of full and final payment from the municipal designee issuing a camera enforceable
196196 168violation shall also serve as notice to the registrar that the camera enforceable violation has been
197197 169disposed of in accordance with this chapter; provided further, that the certified receipt shall be
198198 170printed in such form as the registrar may approve.
199199 171 Section 5. No violation shall be issued pursuant to this chapter for passing a school bus
200200 172when its warning signals are activated, unless the vehicle crosses the plane of the stop sign on the
201201 173bus.
202202 174 Section 6. (a) A city or town that accepts this chapter shall install on each school bus with
203203 175an automated road safety camera system a sign on the bus notifying the public that an automated
204204 176road safety camera system is in use on the bus.
205205 177 (b) A city or town that accepts this chapter shall make a public announcement and
206206 178conduct a public awareness campaign of its use of automated road safety camera systems
207207 179beginning not less than 60 days before the first such automated road safety camera system is put
208208 180into use; provided, however, that a city or town that accepts this chapter may install but shall not
209209 181activate automated road safety camera systems during the 30-day time period.
210210 182 Section 7. (a) The compensation paid to the manufacturer or vendor of an automated road
211211 183safety camera system authorized in this chapter shall be based on the value of the equipment or
212212 184services provided and shall not be based on the number of camera enforceable violations issued
213213 185or the revenue generated by the automated road safety camera system.
214214 186 (b) Not less than annually, a professional engineer registered in the commonwealth or an
215215 187independent laboratory shall verify that the automated road safety camera system is correctly
216216 188calibrated. 10 of 12
217217 189 Section 8. (a) An automated road safety camera system shall only take photographs when
218218 190a camera enforceable violation occurs. Photographs and other recorded evidence shall be
219219 191destroyed not more than 48 hours after the final disposition of a camera enforceable violation.
220220 192 (b) A photograph or other recorded evidence taken pursuant to this chapter shall not be
221221 193discoverable in any judicial or administrative proceeding, other than a proceeding held pursuant
222222 194to this chapter, without a court order. A photograph or other recorded evidence taken pursuant to
223223 195this chapter shall not be admissible in any judicial or administrative proceeding, other than in a
224224 196proceeding to adjudicate liability for a violation of this chapter, without a court order. A court
225225 197shall not order a release of a photograph or other recorded evidence taken pursuant to this
226226 198chapter unless the photograph or other recorded evidence establishes or undermines a finding of
227227 199a moving violation and the camera enforceable violation is material as to a finding of civil or
228228 200criminal liability.
229229 201 (c) Photographs and other personal identifying information collected by a city or town
230230 202pursuant to this chapter shall not be a public record under Clause Twenty-Sixth of section 7 of
231231 203chapter 4 or chapter 66.
232232 204 (d) An automated road safety camera system shall not be utilized to take a frontal view
233233 205photograph of a motor vehicle committing a camera enforceable violation. A frontal view
234234 206photograph of a motor vehicle committing a camera enforceable violation taken by an automated
235235 207road safety camera system shall not be discoverable or admissible in any judicial or
236236 208administrative proceeding and shall not be used as the basis for a camera enforceable violation
237237 209under this chapter. To the extent practicable, additional efforts shall be made to ensure that 11 of 12
238238 210photographs produced by an automated road safety camera system do not identify the vehicle
239239 211operator, the passengers or the contents of the vehicle.
240240 212 (e) A city or town or a manufacturer or vendor of an automated road safety camera
241241 213system may not use, disclose, sell or permit access to data collected by an automated road safety
242242 214camera system except as necessary to process camera enforceable violations in accordance with
243243 215this chapter.
244244 216 Section 9. A city or town that accepts this chapter may only recover costs reasonably
245245 217related to the implementation and operation of an automated road safety camera system
246246 218including, but not limited to, costs associated with: (i) maintaining and operating the automated
247247 219road safety camera system; (ii) issuing notices of camera enforceable violations; (iii) holding
248248 220hearings for appeals of camera enforceable violations; (iv) notifying the registrar of a failure to
249249 221pay a fine under this chapter; and (v) collecting a fine; provided, however, that net revenues
250250 222collected by participating cities and towns pursuant to this chapter shall be deposited in the
251251 223Massachusetts Transportation Trust Fund established in section 4 of chapter 6C.
252252 224 Section 10. The operation of emergency vehicles shall be subject to this chapter except as
253253 225otherwise provided in section 7B of chapter 89.
254254 226 Section 10A. A city or town shall not implement this chapter unless the city or town has
255255 227submitted a plan for the implementation of automated road safety camera systems to the
256256 228department of transportation and the department has approved the plan. The review of the plan
257257 229by the department shall include, but shall not be limited to, consideration of the social and racial
258258 230equity impacts of the plan. There shall not be more than 10 approved plans in effect at any given
259259 231time. 12 of 12
260260 232 Section 10B. Not less than annually, the department of transportation shall submit a
261261 233report to the clerks of the senate and house of representatives, the senate and house committees
262262 234on ways and means and the joint committee on transportation that analyzes the public safety,
263263 235traffic congestion and social and racial equity impacts of this chapter. The department shall also
264264 236publish the report on its website.
265265 237 Section 11. The department of transportation shall promulgate rules and regulations
266266 238necessary to implement this chapter.
267267 239 SECTION 2A. Not later than 90 days from the effective date of this act, the department
268268 240of transportation shall promulgate regulations to implement chapter 90J of the General Laws.
269269 241The regulations shall include, but not be limited to: (i) establishing standardized forms for
270270 242notices of violations and written warnings; (ii) developing uniform signage requirements for the
271271 243purpose of complying with subsection (a) of section 6 of said chapter 90J; and (iii) establishing
272272 244standards for the calibration of automated road safety camera systems under subsection (b) of
273273 245section 7 of said chapter 90J.