SENATE . . . . . . . . . . . . . . No. 2600
The Commonwealth of Massachusetts
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In the One Hundred and Ninety-Third General Court
(2023-2024)
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SENATE, March 7, 2024.
The committee on Transportation, to whom was referred the petitions (accompanied by
bill, Senate, No. 2267) of Paul W. Mark for legislation relative to school bus safety, report the
accompanying bill (Senate, No. 2600).
For the committee,
Brendan P. Crighton 1 of 13
FILED ON: 2/5/2024
SENATE . . . . . . . . . . . . . . No. 2600
The Commonwealth of Massachusetts
_______________
In the One Hundred and Ninety-Third General Court
(2023-2024)
_______________
An Act enhancing school bus 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. This act shall be known as “Summer’s Law”.
2 SECTION 2. Section 7B of chapter 90 of the General Laws, as appearing in the 2018
3Official Edition, is hereby amended by inserting at the end of the first paragraph, after the word
4“year”, in line 137, the following:-
5 “; (19) Each school bus shall be equipped with at least two sensors on or near school bus
6doors, which shall determine and notify the operator of a school bus that there are no persons
7located within a minimum area of twelve feet from school bus doors before and after the doors
8close when a school bus has stopped to pick up or drop off school pupils. Each school bus shall
9also be equipped on all sides of the bus with front, rear, and lateral sensors to determine and
10notify the operator that there are no persons located within a minimum area of twelve feet from
11all sides of the bus. The school bus operator shall not proceed any further after stopping to load
12or discharge school pupils until the operator is notified by the sensors that there are no persons
13located at not less than twelve feet from all sides, including doors, of the bus. All sensor systems 2 of 13
14shall include, but not be limited to, radar, video, sound, or infrared technology that shall be
15capable of detecting the presence of persons within a minimum area of twelve feet from a
16sensor’s placement on a bus, extending from all sides of a bus and the bus doors. Sensor systems
17shall also include an audible and visual alert signal placed within the interior of the bus, within
18the immediate presence of the operator, to alert the operator when a person is detected within a
19sensor’s designated minimum area of twelve feet.
20 SECTION 3. Section 8A of said chapter 90 of the General Laws, as appearing in the 2016
21Official Edition, is hereby amended in the second paragraph, line 46, by inserting after the word
22“registrar” the following:-
23 “The pre-service school bus driver training program shall include a special unit pertaining
24to the pickup and drop off of school pupils and school bus danger zones, which shall consist of a
25minimum of 3 hours of behind-the-wheel training and a minimum of 3 hours of classroom
26training.”
27 SECTION 4. Said second paragraph of said section 8A is hereby further amended, in line
2855, by inserting after the word “energy” the following:-
29 “The in-service school bus driver training program shall consist of not less than 10 hours
30of training annually, provided further that the program include a special unit pertaining to the
31pickup and drop off of school pupils and school bus danger zones. The special unit of training
32shall consist of a minimum of 2 hours of behind-the-wheel training and a minimum of 2 hours of
33classroom training.”
34 SECTION 5. The commissioner of education in collaboration with the registrar shall
35promulgate necessary rules, regulations, or procedures for the administration of this act. 3 of 13
36 SECTION 6. Clause Twenty-sixth of section 7 of chapter 4 of the General Laws is hereby
37amended by adding the following subclause:-
38 (w) Photographs and other personal identifying information collected under chapter 90K.
39 SECTION 7. Chapter 89 of the General Laws is hereby amended by inserting after
40section 4D the following section:-
41 Section 4E. Standing or parking in a designated bus lane.
42 No motor vehicle shall be parked, stood, or caused to stand in a lane designated for the
43exclusive use of buses unless otherwise regulated or posted by an official traffic signal, sign, or
44marking, or at the direction of an authorized police officer. Violation of this section shall be
45punishable by a fine as established in section 2 of chapter 90K.
46 SECTION 8. The General Laws are hereby amended by inse1iing after chapter 90J the
47following chapter:-
48 CHAPTER 90K. "AUTOMATED ENFORCEMENT OF BUS STOPS AND BUS
49LANES
50 Section I: Definitions
51 Section I. As used in this chapter, the following words shall have the following meanings
52unless the context clearly requires otherwise:
53 "Bus mounted camera system", a motor vehicle sensor device installed on a bus owned or
54operated by the Massachusetts Bay Transportation Authority or by any regional transit authority
55created pursuant to chapter 161B that adopts this chapter, which device may be automated or 4 of 13
56operated manually, and which produces digital photographs or video recordings of a motor
57vehicle that commits a camera enforceable violation.
58 "Bus stop camera system", a motor vehicle sensor device installed in proximity to a
59posted bus stop by an enforcing authority, which device produces digital photographs or video
60recordings of a motor vehicle that commits a camera enforceable violation.
61 "Camera enforceable violation", (i) parking in a posted bus stop; or (ii) parking, standing,
62or causing a motor vehicle to stand in a lane designated for the exclusive use of buses unless
63otherwise regulated or posted by an official traffic signal, sign or marking or at the direction of
64an authorized police officer in violation of section 4E of chapter 89.
65 "Enforcing authority", the Massachusetts Bay Transportation Authority or any regional
66transit authority created pursuant to chapter 161B that adopts this chapter. Any city or town
67within the service area of the Massachusetts Bay Transportation Authority or any such regional
68transit authority is an enforcing authority only with respect to the deployment of a bus stop
69camera system.
70 "Registrar", the registrar of motor vehicles.
71 Section 2: Camera Enforceable Violations
72 Section 2. (a) The Massachusetts Bay Transportation Authority and any regional transit
73authority created pursuant to chapter 161B that adopts this chapter may deploy bus mounted
74camera systems as a means of enforcing the priority of buses on roadways in lanes designated for
75the exclusive use of buses and as a means of enforcing bus stop violations under this chapter. 5 of 13
76Any enforcing authority may deploy bus stop camera systems as a means of enforcing bus stop
77violations under this chapter. The maximum fines imposed under this chapter shall be as follows:
78 (I) For a camera enforceable violation involving parking, standing, or causing a motor
79vehicle to stand in a lane designated for the exclusive use of buses, a fine of not less than $25 but
80not more than $125 shall issue as established by regulations of the Massachusetts Bay
81Transportation Authority. In the absence of regulations established by the Authority, the fine for
82parking in a lane designated for the exclusive use of buses shall be $25.
83 (2) For a camera enforceable violation involving parking a motor vehicle in a posted bus
84stop, the fine shall be $100.
85 (b)Except as provided in section 3, the registered owner of a motor vehicle shall be
86liable for the fine; provided, however, that a registered owner of a motor vehicle shall not be
87liable for the fine imposed under this chapter for a camera enforceable violation if the operator of
88the motor vehicle was issued a citation for the violation in accordance with section 2 of chapter
8990C.
90 (c)An enforcing authority may send a written warning to the registered owner of a
91motor vehicle in lieu of enforcement through a fine.
92 (d)A certificate, or other written attestation, based upon inspection of photographs
93and data produced by a bus mounted or bus stop camera system and sworn to or affirmed by a
94representative of the enforcing authority shall be prima facie evidence of the facts contained
95therein. 6 of 13
96 (e)A camera enforceable violation issued pursuant to this chapter shall not be: (I)
97made part of the driving record of the person upon whom such liability is imposed; or (2) a
98conviction of a moving violation of the motor vehicle laws for the purpose of determining a
99surcharge on a motor vehicle premium pursuant to section 113B of chapter 175.
100 (f)An enforcing authority that deploys a camera system pursuant to this chapter may
101hire and designate personnel as necessary or contract for services to implement this chapter.
102Notwithstanding any general or special law to the contrary, personnel designated to review and
103issue citations pursuant to this chapter may be civilians and shall not be required to be a member
104of any police force.
105 (g)(I) Subject to regulations promulgated by the Massachusetts Bay Transportation
106Authority, the enforcing authority shall provide a notice of violation to the registered owner of a
107motor vehicle that is identified in photographs or recordings produced by a bus mounted or bus
108stop camera system as evidence of a camera enforceable violation pursuant to this chapter. The
109notice shall include, but not be limited to:
110 (i) a copy of the photographs produced by the camera system showing the vehicle in the
111process of a camera enforceable violation;
112 (ii)the registration number and state of issuance of the vehicle;
113 (iii)the date, time, and location of the alleged camera enforceable violation;
114 (iv)the specific camera enforceable violation charged;
115 (v)instructions for payment of the fine imposed pursuant to subsection (a); 7 of 13
116 (vi)instructions on how to appeal the camera enforceable violation in writing and to
117obtain a hearing; and
118 (vii)an affidavit form approved by the enforcing authority for the purposes of making
119a written appeal pursuant to subsection (j).
120 (2) In the case of a violation involving a motor vehicle registered in the commonwealth,
121the notice of violation shall be mailed to the address of the registered owner of the motor vehicle
122as listed in the records of the registrar. If a motor vehicle is registered under the laws of another
123state or county, the notice of violation shall be mailed to the address of the registered owner as
124listed in the records of the official in the state or county that has charge of the registration of the
125motor vehicle. If the address is unavailable, it shall be sufficient for the enforcing authority to
126mail a notice of violation to the official in the state or county that has charge of the registration
127of the motor vehicle.
128 (h) A registered owner of a motor vehicle shall not be liable for a camera enforceable
129violation under this chapter if the:
130 (I) violation was necessary to allow the passage of an emergency vehicle;
131 (2)violation was incurred while participating in a funeral procession;
132 (3)violation was incurred during a period of time in which the motor vehicle was
133reported to the police department of any state, city or town as having been stolen and had not
134been recovered before the time the violation occurred; 8 of 13
135 (4)operator of the motor vehicle was operating the motor vehicle under a rental or
136lease agreement and the registered owner of the motor vehicle is a rental or leasing company and
137has complied with section 3;
138 (5)operator of the motor vehicle was issued a citation for the violation in accordance
139with section 2 of chapter 90C; or
140 (6)violation was necessary to comply with any other law or regulation governing the
141operation of a motor vehicle.
142 (i)A registered owner of a motor vehicle to whom a notice of violation has been
143issued pursuant to this chapter, shall pay the fine provided therein. Payment of the established
144fine shall operate as the final disposition of a camera enforceable violation; provided, however,
145that payment by a registered owner of a motor vehicle shall operate as the final disposition of the
146violation as to any other registered owner of the same motor vehicle for the same violation.
147 (j)A registered owner of a motor vehicle may contest responsibility for the violation
148in writing by mail or online or may request a hearing in accordance with the regulations
149established by the Massachusetts Bay Transportation Authority.
150 (k) When a registered owner of a motor vehicle accrues three or more unresolved
151violation notices from any single enforcing authority under this chapter, that enforcing authority
152shall notify the registrar who shall not issue or renew the registered owner's motor vehicle
153registration until after notification from the enforcing authority from whom the registrar received
154notification that all fines owed pursuant to this chapter have been paid.
155 Section 3: Leased or Rented Motor Vehicles 9 of 13
156 Section 3. (a) Notwithstanding section 2, if the registered owner of a motor vehicle is a
157person or entity engaged in the business of leasing or renting motor vehicles and the motor
158vehicle was operated under a rental or lease agreement at the time of the camera enforceable
159violation, this section shall be applicable and the registered owner shall not be liable for any
160unpaid fines, except as provided in this section and if the registered owner has complied with the
161requirements of this section.
162 (b)The enforcing authority shall provide notice in writing of each camera
163enforceable violation to the registered owner of a motor vehicle if a motor vehicle owned by the
164registered owner is involved in a camera enforceable violation.
165 (c)Not more than 45 days after the violation, the registered owner shall furnish to the
166enforcing authority, in writing, the name and address of the lessee or rentee of the motor
167 vehicle at the time of the camera enforceable violation, the lessee's or rentee's driver's
168license number, the state that issued the driver's license and the lessee's or rentee's date of birth.
169 (d)Upon receipt of the information required under subsection (c), the enforcing
170authority shall issue a notice of a camera enforceable violation to the lessee or rentee in the form
171prescribed by section 2 and the lessee or rentee shall be liable for the violation
172 (e)An enforcing authority shall notify the registrar if a lessee or rentee has accrued
173five or more unresolved violation notices with that enforcing authority under this chapter. Upon
174receipt by the registrar of such notice under this section, the registrar shall: (I) suspend and not
175renew the license of the lessee or rentee to operate a motor vehicle in the commonwealth; or (2)
176suspend the right to operate of a lessee or rentee not licensed in the commonwealth until the 10 of 13
177registrar receives notification from each applicable enforcing authority that all fines owed by the
178lessee or rentee pursuant to this chapter have been paid.
179 Section 4: Notice of Camera Enforceable Violations
180 Section 4. (a) Each enforcing authority shall post on any vehicle equipped with a bus
181mounted camera system and in the location of any bus stop camera system an unobstructed sign
182notifying the public that such camera system is in use.
183 (b) The enforcing authority shall make a public announcement and conduct a public
184awareness campaign of its use of bus mounted and bus stop camera systems beginning not less
185than 60 days before the enforcing authority issues a citation for any camera enforceable violation
186pursuant to this chapter.
187 Section 5: Privacy and Data Protection
188 Section 5. (a) A photograph or other recorded evidence taken pursuant to this chapter
189shall not be discoverable in any judicial or administrative proceeding, other than a proceeding
190held pursuant to this chapter, without a court order. A photograph or other recorded evidence
191taken pursuant to this chapter shall not be admissible in any judicial or administrative
192proceeding, other than in a proceeding to adjudicate liability for a violation of this chapter,
193without a court order. A court shall not order a release of a photograph or other recorded
194evidence taken pursuant to this chapter unless the photograph or other recorded evidence
195establishes or undermines a finding of a camera enforceable violation and the camera
196enforceable violation is material as to a finding of civil or criminal liability. 11 of 13
197 (b)Photographs and other recorded data collected by an enforcing authority pursuant
198to this chapter shall not be a public record under Clause Twenty-Sixth of section 7 of chapter 4
199or chapter 66.
200 (c)Photographs produced by a bus mounted or bus stop camera system shall not be
201used by an enforcing authority to identify the vehicle operator, the passengers or the contents of
202the vehicle. If a photograph taken pursuant to this chapter captures the vehicle operator, the
203passengers or the contents of the vehicle, the enforcing entity shall redact the photograph to
204remove or obscure said vehicle operator, passengers or contents of the vehicle before issuing a
205notice of violation under this chapter. An un-redacted photograph that includes the vehicle
206operator, passengers or contents of a motor vehicle committing a camera enforceable violation
207taken by a bus mounted or bus stop camera system shall not be discoverable or admissible in any
208judicial or administrative proceeding except by the registered owner of the vehicle and shall not
209be used as the basis for a camera enforceable violation under this chapter.
210 (d)An enforcing authority or a manufacturer, servicer or vendor of a bus mounted or
211bus stop camera system shall maintain the confidentiality of and may not use, disclose, sell or
212permit access to data collected by such camera system except as such use, disclosure or access
213may be necessary to process camera enforceable violations in accordance with this chapter.
214 Section 6: Revenue and Costs
215 Section 6. An enforcing authority may only recover costs reasonably related to the
216implementation and operation of any bus mounted or bus stop camera system including, but not
217limited to, costs associated with: (l) installing, maintaining and operating the bus mounted safety
218camera system; (2) issuing notices of camera enforceable violations; (3) holding hearings for 12 of 13
219appeals of camera enforceable violations; (4) notifying the registrar of a failure to pay a fine
220under this chapter; and (5) collecting a fine; provided, however, that net revenues collected by an
221enforcing authority pursuant to this chapter shall be deposited in the Massachusetts Bay
222Transportation Authority's Operating Account.
223 Section 7: Emergency Vehicles
224 Section 7. The operation of emergency vehicles shall be subject to this chapter except
225that a driver of fire apparatus while going to a fire or responding to an alarm, or the driver of a
226vehicle of a police or recognized protective department or the driver of an ambulance, in an
227emergency and while in performance of a public duty or while transporting a sick or injured
228person to a hospital or other destination where professional medical services are available, shall
229not be liable for a camera enforceable violation pursuant to this chapter.
230 Section 8: Reporting
231 Section 8. Each enforcing authority shall publish a report annually and shall submit such
232report to the clerks of the senate and house of representatives, the senate and house committees
233on ways and means and the joint committee on transportation. The report shall include, but not
234be limited to, data on the number and location of fines issued for camera enforceable violations
235pursuant to this chapter. Such report shall also include consideration of the social and racial
236equity impacts of the implementation of this chapter over the preceding year.
237 SECTION 8A. The Massachusetts Bay Transportation Authority shall promulgate
238regulations to implement chapter 90K of the General Laws. The regulations shall include, but not
239be limited to: (i) establishing standardized forms for notices of violations and written warnings; 13 of 13
240 (ii) establishing the notice, and hearing requirements for camera enforceable violations
241(iii) developing uniform signage requirements for the purpose of complying with subsection (a)
242of section 4 of said chapter 90K; and (iv) developing standards for issuing an annual report in
243compliance with section 9 of said chapter 90K.