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Massachusetts Senate Bill S2600

Massachusetts 2023-2024 Regular Session

Massachusetts Senate Bill S2600 Compare Versions

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11 SENATE . . . . . . . . . . . . . . No. 2600
22 The Commonwealth of Massachusetts
33 _______________
44 In the One Hundred and Ninety-Third General Court
55 (2023-2024)
66 _______________
77 SENATE, March 7, 2024.
88 The committee on Transportation, to whom was referred the petitions (accompanied by
99 bill, Senate, No. 2267) of Paul W. Mark for legislation relative to school bus safety, report the
1010 accompanying bill (Senate, No. 2600).
1111 For the committee,
1212 Brendan P. Crighton 1 of 13
1313 FILED ON: 2/5/2024
1414 SENATE . . . . . . . . . . . . . . No. 2600
1515 The Commonwealth of Massachusetts
1616 _______________
1717 In the One Hundred and Ninety-Third General Court
1818 (2023-2024)
1919 _______________
2020 An Act enhancing school bus safety.
2121 Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
2222 of the same, as follows:
2323 1 SECTION 1. This act shall be known as “Summer’s Law”.
2424 2 SECTION 2. Section 7B of chapter 90 of the General Laws, as appearing in the 2018
2525 3Official Edition, is hereby amended by inserting at the end of the first paragraph, after the word
2626 4“year”, in line 137, the following:-
2727 5 “; (19) Each school bus shall be equipped with at least two sensors on or near school bus
2828 6doors, which shall determine and notify the operator of a school bus that there are no persons
2929 7located within a minimum area of twelve feet from school bus doors before and after the doors
3030 8close when a school bus has stopped to pick up or drop off school pupils. Each school bus shall
3131 9also be equipped on all sides of the bus with front, rear, and lateral sensors to determine and
3232 10notify the operator that there are no persons located within a minimum area of twelve feet from
3333 11all sides of the bus. The school bus operator shall not proceed any further after stopping to load
3434 12or discharge school pupils until the operator is notified by the sensors that there are no persons
3535 13located at not less than twelve feet from all sides, including doors, of the bus. All sensor systems 2 of 13
3636 14shall include, but not be limited to, radar, video, sound, or infrared technology that shall be
3737 15capable of detecting the presence of persons within a minimum area of twelve feet from a
3838 16sensor’s placement on a bus, extending from all sides of a bus and the bus doors. Sensor systems
3939 17shall also include an audible and visual alert signal placed within the interior of the bus, within
4040 18the immediate presence of the operator, to alert the operator when a person is detected within a
4141 19sensor’s designated minimum area of twelve feet.
4242 20 SECTION 3. Section 8A of said chapter 90 of the General Laws, as appearing in the 2016
4343 21Official Edition, is hereby amended in the second paragraph, line 46, by inserting after the word
4444 22“registrar” the following:-
4545 23 “The pre-service school bus driver training program shall include a special unit pertaining
4646 24to the pickup and drop off of school pupils and school bus danger zones, which shall consist of a
4747 25minimum of 3 hours of behind-the-wheel training and a minimum of 3 hours of classroom
4848 26training.”
4949 27 SECTION 4. Said second paragraph of said section 8A is hereby further amended, in line
5050 2855, by inserting after the word “energy” the following:-
5151 29 “The in-service school bus driver training program shall consist of not less than 10 hours
5252 30of training annually, provided further that the program include a special unit pertaining to the
5353 31pickup and drop off of school pupils and school bus danger zones. The special unit of training
5454 32shall consist of a minimum of 2 hours of behind-the-wheel training and a minimum of 2 hours of
5555 33classroom training.”
5656 34 SECTION 5. The commissioner of education in collaboration with the registrar shall
5757 35promulgate necessary rules, regulations, or procedures for the administration of this act. 3 of 13
5858 36 SECTION 6. Clause Twenty-sixth of section 7 of chapter 4 of the General Laws is hereby
5959 37amended by adding the following subclause:-
6060 38 (w) Photographs and other personal identifying information collected under chapter 90K.
6161 39 SECTION 7. Chapter 89 of the General Laws is hereby amended by inserting after
6262 40section 4D the following section:-
6363 41 Section 4E. Standing or parking in a designated bus lane.
6464 42 No motor vehicle shall be parked, stood, or caused to stand in a lane designated for the
6565 43exclusive use of buses unless otherwise regulated or posted by an official traffic signal, sign, or
6666 44marking, or at the direction of an authorized police officer. Violation of this section shall be
6767 45punishable by a fine as established in section 2 of chapter 90K.
6868 46 SECTION 8. The General Laws are hereby amended by inse1iing after chapter 90J the
6969 47following chapter:-
7070 48 CHAPTER 90K. "AUTOMATED ENFORCEMENT OF BUS STOPS AND BUS
7171 49LANES
7272 50 Section I: Definitions
7373 51 Section I. As used in this chapter, the following words shall have the following meanings
7474 52unless the context clearly requires otherwise:
7575 53 "Bus mounted camera system", a motor vehicle sensor device installed on a bus owned or
7676 54operated by the Massachusetts Bay Transportation Authority or by any regional transit authority
7777 55created pursuant to chapter 161B that adopts this chapter, which device may be automated or 4 of 13
7878 56operated manually, and which produces digital photographs or video recordings of a motor
7979 57vehicle that commits a camera enforceable violation.
8080 58 "Bus stop camera system", a motor vehicle sensor device installed in proximity to a
8181 59posted bus stop by an enforcing authority, which device produces digital photographs or video
8282 60recordings of a motor vehicle that commits a camera enforceable violation.
8383 61 "Camera enforceable violation", (i) parking in a posted bus stop; or (ii) parking, standing,
8484 62or causing a motor vehicle to stand in a lane designated for the exclusive use of buses unless
8585 63otherwise regulated or posted by an official traffic signal, sign or marking or at the direction of
8686 64an authorized police officer in violation of section 4E of chapter 89.
8787 65 "Enforcing authority", the Massachusetts Bay Transportation Authority or any regional
8888 66transit authority created pursuant to chapter 161B that adopts this chapter. Any city or town
8989 67within the service area of the Massachusetts Bay Transportation Authority or any such regional
9090 68transit authority is an enforcing authority only with respect to the deployment of a bus stop
9191 69camera system.
9292 70 "Registrar", the registrar of motor vehicles.
9393 71 Section 2: Camera Enforceable Violations
9494 72 Section 2. (a) The Massachusetts Bay Transportation Authority and any regional transit
9595 73authority created pursuant to chapter 161B that adopts this chapter may deploy bus mounted
9696 74camera systems as a means of enforcing the priority of buses on roadways in lanes designated for
9797 75the exclusive use of buses and as a means of enforcing bus stop violations under this chapter. 5 of 13
9898 76Any enforcing authority may deploy bus stop camera systems as a means of enforcing bus stop
9999 77violations under this chapter. The maximum fines imposed under this chapter shall be as follows:
100100 78 (I) For a camera enforceable violation involving parking, standing, or causing a motor
101101 79vehicle to stand in a lane designated for the exclusive use of buses, a fine of not less than $25 but
102102 80not more than $125 shall issue as established by regulations of the Massachusetts Bay
103103 81Transportation Authority. In the absence of regulations established by the Authority, the fine for
104104 82parking in a lane designated for the exclusive use of buses shall be $25.
105105 83 (2) For a camera enforceable violation involving parking a motor vehicle in a posted bus
106106 84stop, the fine shall be $100.
107107 85 (b)Except as provided in section 3, the registered owner of a motor vehicle shall be
108108 86liable for the fine; provided, however, that a registered owner of a motor vehicle shall not be
109109 87liable for the fine imposed under this chapter for a camera enforceable violation if the operator of
110110 88the motor vehicle was issued a citation for the violation in accordance with section 2 of chapter
111111 8990C.
112112 90 (c)An enforcing authority may send a written warning to the registered owner of a
113113 91motor vehicle in lieu of enforcement through a fine.
114114 92 (d)A certificate, or other written attestation, based upon inspection of photographs
115115 93and data produced by a bus mounted or bus stop camera system and sworn to or affirmed by a
116116 94representative of the enforcing authority shall be prima facie evidence of the facts contained
117117 95therein. 6 of 13
118118 96 (e)A camera enforceable violation issued pursuant to this chapter shall not be: (I)
119119 97made part of the driving record of the person upon whom such liability is imposed; or (2) a
120120 98conviction of a moving violation of the motor vehicle laws for the purpose of determining a
121121 99surcharge on a motor vehicle premium pursuant to section 113B of chapter 175.
122122 100 (f)An enforcing authority that deploys a camera system pursuant to this chapter may
123123 101hire and designate personnel as necessary or contract for services to implement this chapter.
124124 102Notwithstanding any general or special law to the contrary, personnel designated to review and
125125 103issue citations pursuant to this chapter may be civilians and shall not be required to be a member
126126 104of any police force.
127127 105 (g)(I) Subject to regulations promulgated by the Massachusetts Bay Transportation
128128 106Authority, the enforcing authority shall provide a notice of violation to the registered owner of a
129129 107motor vehicle that is identified in photographs or recordings produced by a bus mounted or bus
130130 108stop camera system as evidence of a camera enforceable violation pursuant to this chapter. The
131131 109notice shall include, but not be limited to:
132132 110 (i) a copy of the photographs produced by the camera system showing the vehicle in the
133133 111process of a camera enforceable violation;
134134 112 (ii)the registration number and state of issuance of the vehicle;
135135 113 (iii)the date, time, and location of the alleged camera enforceable violation;
136136 114 (iv)the specific camera enforceable violation charged;
137137 115 (v)instructions for payment of the fine imposed pursuant to subsection (a); 7 of 13
138138 116 (vi)instructions on how to appeal the camera enforceable violation in writing and to
139139 117obtain a hearing; and
140140 118 (vii)an affidavit form approved by the enforcing authority for the purposes of making
141141 119a written appeal pursuant to subsection (j).
142142 120 (2) In the case of a violation involving a motor vehicle registered in the commonwealth,
143143 121the notice of violation shall be mailed to the address of the registered owner of the motor vehicle
144144 122as listed in the records of the registrar. If a motor vehicle is registered under the laws of another
145145 123state or county, the notice of violation shall be mailed to the address of the registered owner as
146146 124listed in the records of the official in the state or county that has charge of the registration of the
147147 125motor vehicle. If the address is unavailable, it shall be sufficient for the enforcing authority to
148148 126mail a notice of violation to the official in the state or county that has charge of the registration
149149 127of the motor vehicle.
150150 128 (h) A registered owner of a motor vehicle shall not be liable for a camera enforceable
151151 129violation under this chapter if the:
152152 130 (I) violation was necessary to allow the passage of an emergency vehicle;
153153 131 (2)violation was incurred while participating in a funeral procession;
154154 132 (3)violation was incurred during a period of time in which the motor vehicle was
155155 133reported to the police department of any state, city or town as having been stolen and had not
156156 134been recovered before the time the violation occurred; 8 of 13
157157 135 (4)operator of the motor vehicle was operating the motor vehicle under a rental or
158158 136lease agreement and the registered owner of the motor vehicle is a rental or leasing company and
159159 137has complied with section 3;
160160 138 (5)operator of the motor vehicle was issued a citation for the violation in accordance
161161 139with section 2 of chapter 90C; or
162162 140 (6)violation was necessary to comply with any other law or regulation governing the
163163 141operation of a motor vehicle.
164164 142 (i)A registered owner of a motor vehicle to whom a notice of violation has been
165165 143issued pursuant to this chapter, shall pay the fine provided therein. Payment of the established
166166 144fine shall operate as the final disposition of a camera enforceable violation; provided, however,
167167 145that payment by a registered owner of a motor vehicle shall operate as the final disposition of the
168168 146violation as to any other registered owner of the same motor vehicle for the same violation.
169169 147 (j)A registered owner of a motor vehicle may contest responsibility for the violation
170170 148in writing by mail or online or may request a hearing in accordance with the regulations
171171 149established by the Massachusetts Bay Transportation Authority.
172172 150 (k) When a registered owner of a motor vehicle accrues three or more unresolved
173173 151violation notices from any single enforcing authority under this chapter, that enforcing authority
174174 152shall notify the registrar who shall not issue or renew the registered owner's motor vehicle
175175 153registration until after notification from the enforcing authority from whom the registrar received
176176 154notification that all fines owed pursuant to this chapter have been paid.
177177 155 Section 3: Leased or Rented Motor Vehicles 9 of 13
178178 156 Section 3. (a) Notwithstanding section 2, if the registered owner of a motor vehicle is a
179179 157person or entity engaged in the business of leasing or renting motor vehicles and the motor
180180 158vehicle was operated under a rental or lease agreement at the time of the camera enforceable
181181 159violation, this section shall be applicable and the registered owner shall not be liable for any
182182 160unpaid fines, except as provided in this section and if the registered owner has complied with the
183183 161requirements of this section.
184184 162 (b)The enforcing authority shall provide notice in writing of each camera
185185 163enforceable violation to the registered owner of a motor vehicle if a motor vehicle owned by the
186186 164registered owner is involved in a camera enforceable violation.
187187 165 (c)Not more than 45 days after the violation, the registered owner shall furnish to the
188188 166enforcing authority, in writing, the name and address of the lessee or rentee of the motor
189189 167 vehicle at the time of the camera enforceable violation, the lessee's or rentee's driver's
190190 168license number, the state that issued the driver's license and the lessee's or rentee's date of birth.
191191 169 (d)Upon receipt of the information required under subsection (c), the enforcing
192192 170authority shall issue a notice of a camera enforceable violation to the lessee or rentee in the form
193193 171prescribed by section 2 and the lessee or rentee shall be liable for the violation
194194 172 (e)An enforcing authority shall notify the registrar if a lessee or rentee has accrued
195195 173five or more unresolved violation notices with that enforcing authority under this chapter. Upon
196196 174receipt by the registrar of such notice under this section, the registrar shall: (I) suspend and not
197197 175renew the license of the lessee or rentee to operate a motor vehicle in the commonwealth; or (2)
198198 176suspend the right to operate of a lessee or rentee not licensed in the commonwealth until the 10 of 13
199199 177registrar receives notification from each applicable enforcing authority that all fines owed by the
200200 178lessee or rentee pursuant to this chapter have been paid.
201201 179 Section 4: Notice of Camera Enforceable Violations
202202 180 Section 4. (a) Each enforcing authority shall post on any vehicle equipped with a bus
203203 181mounted camera system and in the location of any bus stop camera system an unobstructed sign
204204 182notifying the public that such camera system is in use.
205205 183 (b) The enforcing authority shall make a public announcement and conduct a public
206206 184awareness campaign of its use of bus mounted and bus stop camera systems beginning not less
207207 185than 60 days before the enforcing authority issues a citation for any camera enforceable violation
208208 186pursuant to this chapter.
209209 187 Section 5: Privacy and Data Protection
210210 188 Section 5. (a) A photograph or other recorded evidence taken pursuant to this chapter
211211 189shall not be discoverable in any judicial or administrative proceeding, other than a proceeding
212212 190held pursuant to this chapter, without a court order. A photograph or other recorded evidence
213213 191taken pursuant to this chapter shall not be admissible in any judicial or administrative
214214 192proceeding, other than in a proceeding to adjudicate liability for a violation of this chapter,
215215 193without a court order. A court shall not order a release of a photograph or other recorded
216216 194evidence taken pursuant to this chapter unless the photograph or other recorded evidence
217217 195establishes or undermines a finding of a camera enforceable violation and the camera
218218 196enforceable violation is material as to a finding of civil or criminal liability. 11 of 13
219219 197 (b)Photographs and other recorded data collected by an enforcing authority pursuant
220220 198to this chapter shall not be a public record under Clause Twenty-Sixth of section 7 of chapter 4
221221 199or chapter 66.
222222 200 (c)Photographs produced by a bus mounted or bus stop camera system shall not be
223223 201used by an enforcing authority to identify the vehicle operator, the passengers or the contents of
224224 202the vehicle. If a photograph taken pursuant to this chapter captures the vehicle operator, the
225225 203passengers or the contents of the vehicle, the enforcing entity shall redact the photograph to
226226 204remove or obscure said vehicle operator, passengers or contents of the vehicle before issuing a
227227 205notice of violation under this chapter. An un-redacted photograph that includes the vehicle
228228 206operator, passengers or contents of a motor vehicle committing a camera enforceable violation
229229 207taken by a bus mounted or bus stop camera system shall not be discoverable or admissible in any
230230 208judicial or administrative proceeding except by the registered owner of the vehicle and shall not
231231 209be used as the basis for a camera enforceable violation under this chapter.
232232 210 (d)An enforcing authority or a manufacturer, servicer or vendor of a bus mounted or
233233 211bus stop camera system shall maintain the confidentiality of and may not use, disclose, sell or
234234 212permit access to data collected by such camera system except as such use, disclosure or access
235235 213may be necessary to process camera enforceable violations in accordance with this chapter.
236236 214 Section 6: Revenue and Costs
237237 215 Section 6. An enforcing authority may only recover costs reasonably related to the
238238 216implementation and operation of any bus mounted or bus stop camera system including, but not
239239 217limited to, costs associated with: (l) installing, maintaining and operating the bus mounted safety
240240 218camera system; (2) issuing notices of camera enforceable violations; (3) holding hearings for 12 of 13
241241 219appeals of camera enforceable violations; (4) notifying the registrar of a failure to pay a fine
242242 220under this chapter; and (5) collecting a fine; provided, however, that net revenues collected by an
243243 221enforcing authority pursuant to this chapter shall be deposited in the Massachusetts Bay
244244 222Transportation Authority's Operating Account.
245245 223 Section 7: Emergency Vehicles
246246 224 Section 7. The operation of emergency vehicles shall be subject to this chapter except
247247 225that a driver of fire apparatus while going to a fire or responding to an alarm, or the driver of a
248248 226vehicle of a police or recognized protective department or the driver of an ambulance, in an
249249 227emergency and while in performance of a public duty or while transporting a sick or injured
250250 228person to a hospital or other destination where professional medical services are available, shall
251251 229not be liable for a camera enforceable violation pursuant to this chapter.
252252 230 Section 8: Reporting
253253 231 Section 8. Each enforcing authority shall publish a report annually and shall submit such
254254 232report to the clerks of the senate and house of representatives, the senate and house committees
255255 233on ways and means and the joint committee on transportation. The report shall include, but not
256256 234be limited to, data on the number and location of fines issued for camera enforceable violations
257257 235pursuant to this chapter. Such report shall also include consideration of the social and racial
258258 236equity impacts of the implementation of this chapter over the preceding year.
259259 237 SECTION 8A. The Massachusetts Bay Transportation Authority shall promulgate
260260 238regulations to implement chapter 90K of the General Laws. The regulations shall include, but not
261261 239be limited to: (i) establishing standardized forms for notices of violations and written warnings; 13 of 13
262262 240 (ii) establishing the notice, and hearing requirements for camera enforceable violations
263263 241(iii) developing uniform signage requirements for the purpose of complying with subsection (a)
264264 242of section 4 of said chapter 90K; and (iv) developing standards for issuing an annual report in
265265 243compliance with section 9 of said chapter 90K.