Massachusetts 2023-2024 Regular Session

Massachusetts Senate Bill S2884 Compare Versions

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

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1	1	SENATE . . . . . . . . . . . . . . No. 2884
2	2	The Commonwealth of Massachusetts
3	3	_______________
4	4	In the One Hundred and Ninety-Third General Court
5	5	(2023-2024)
6	6	_______________
7	7	SENATE, July 22, 2024.
8	8	The committee on Senate Ways and Means to whom was referred the Senate Bill
9	9	enhancing school bus safety (Senate, No. 2600), - reported, in part, a "Bill relative to bus lane
10	10	enforcement" (Senate, No. 2884).
11	11	For the committee,
12	12	Michael J. Rodrigues 1 of 11
13	13	FILED ON: 7/22/2024
14	14	SENATE . . . . . . . . . . . . . . No. 2884
15	15	The Commonwealth of Massachusetts
16	16	_______________
17	17	In the One Hundred and Ninety-Third General Court
18	18	(2023-2024)
19	19	_______________
20	20	An Act relative to bus lane enforcement.
21	21	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
22	22	of the same, as follows:
23	23	1 SECTION 1. Clause Twenty-sixth of section 7 of chapter 4 of the General Laws, as
24	24	2appearing the 2022 Official Edition, is hereby amended by adding the following subclause:-
25	25	3 (w) photographs and other personal identifying information collected under chapter 90K.
26	26	4 SECTION 2. Chapter 89 of the General Laws is hereby amended by inserting after
27	27	5section 4D the following section:-
28	28	6 Section 4E. No motor vehicle shall be parked, stood or caused to stand in a lane
29	29	7designated for the exclusive use of buses unless otherwise regulated or posted by an official
30	30	8traffic signal, sign or marking, or at the direction of an authorized police officer. A violation of
31	31	9this section shall be punishable by a fine as established in section 2 of chapter 90K.
32	32	10 SECTION 3. The General Laws are hereby amended by inserting after chapter 90J the
33	33	11following chapter:- 2 of 11
34	34	12 CHAPTER 90K. AUTOMATED ENFORCEMENT OF BUS STOPS AND BUS
35	35	13LANES
36	36	14 Section 1. As used in this chapter, the following words shall have the following meanings
37	37	15unless the context clearly requires otherwise:
38	38	16 “Authority”, as defined in section 1 of chapter 161A.
39	39	17 “Bus mounted camera system”, a motor vehicle sensor device, which produces digital
40	40	18photographs or video recordings of a motor vehicle that commits a camera enforceable violation,
41	41	19installed on a bus owned or operated by the Authority or by a regional transit authority
42	42	20established pursuant to chapter 161B that adopts this chapter; provided, however, that the device
43	43	21may be automated or operated manually
44	44	22 “Bus stop camera system”, a motor vehicle sensor device, which produces digital
45	45	23photographs or video recordings of a motor vehicle that commits a camera enforceable violation,
46	46	24installed in proximity to a posted bus stop by an enforcing authority.
47	47	25 “Camera enforceable violation”, (i) parking in a posted bus stop; or (ii) parking, standing
48	48	26or causing a motor vehicle to stand in a lane designated for the exclusive use of buses unless
49	49	27otherwise regulated or posted by an official traffic signal, sign or marking or at the direction of
50	50	28an authorized police officer in violation of section 4E of chapter 89.
51	51	29 “Enforcing authority”, the Authority or a regional transit authority established pursuant to
52	52	30chapter 161B that adopts this chapter; provided, however, that a city or town served by the
53	53	31Authority or the regional transit authority shall be the enforcing authority for bus stop camera
54	54	32systems. 3 of 11
55	55	33 “Registrar”, the registrar of motor vehicles.
56	56	34 Section 2. (a) The Authority and any regional transit authority established pursuant to
57	57	35chapter 161B that adopts this chapter may deploy bus mounted camera systems to enforce the
58	58	36priority of buses on roadways in lanes designated for the exclusive use of buses and bus stop
59	59	37violations pursuant to this chapter; provided, however, that an enforcing authority may deploy
60	60	38bus stop camera systems to enforce bus stop violations.
61	61	39 (b) Fines imposed pursuant to this chapter shall be: (i) not less than $25 and not more
62	62	40than $125 for a camera enforceable violation involving parking, standing or causing a motor
63	63	41vehicle to stand in a lane designated for the exclusive use of buses, as established by the
64	64	42Authority; provided, however, the authority shall establish separate fines for such violations for
65	65	43passenger and commercial vehicles; and (ii) $100 for a camera enforceable violation involving
66	66	44parking a motor vehicle in a posted bus stop.
67	67	45 (c) The registered owner of a motor vehicle shall be liable for any fine unless the:
68	68	46 (i) violation was necessary to allow the passage of an emergency vehicle;
69	69	47 (ii) violation was incurred while participating in a funeral procession;
70	70	48 (iii) violation was incurred during a period of time in which the motor vehicle was
71	71	49reported to the police department of any state, city or town as having been stolen and had not
72	72	50been recovered before the time the violation occurred;
73	73	51 (iv) operator of the motor vehicle was operating the motor vehicle under a rental or lease
74	74	52agreement and the registered owner of the motor vehicle is a rental or leasing company and has
75	75	53complied with section 3; 4 of 11
76	76	54 (v) operator of the motor vehicle was issued a citation for the violation in accordance
77	77	55with section 2 of chapter 90C;
78	78	56 (vi) violation was necessary for the safety of passengers or pedestrians; or
79	79	57 (vii) violation was necessary to comply with any other law or regulation governing the
80	80	58operation of a motor vehicle.
81	81	59 (d) An enforcing authority may send a written warning to the registered owner of a motor
82	82	60vehicle in lieu of enforcement through a fine; provided, however, that a written warning shall
83	83	61only be issued pursuant to objective and consistent criteria in a written policy established by the
84	84	62enforcing authority; provided further, that the Authority shall provide guidance for establishing
85	85	63such objective and consistent criteria.
86	86	64 (e) A certificate, or other written attestation, based upon inspection of photographs and
87	87	65data produced by a bus mounted or bus stop camera system and sworn to or affirmed by a
88	88	66representative of the enforcing authority shall be prima facie evidence of the facts contained
89	89	67therein.
90	90	68 (f) A camera enforceable violation issued pursuant to this chapter shall not be: (i) made
91	91	69part of the driving record of the person upon whom such liability is imposed; or (ii) a conviction
92	92	70of a moving violation of the motor vehicle laws for the purpose of determining a surcharge on a
93	93	71motor vehicle premium pursuant to section 113B of chapter 175.
94	94	72 (g) An enforcing authority that deploys a camera system pursuant to this chapter may hire
95	95	73and designate personnel as necessary or contract for services to implement this chapter.
96	96	74Notwithstanding any general or special law to the contrary, personnel designated to review and 5 of 11
97	97	75issue citations pursuant to this chapter may be civilians and shall not be required to be a member
98	98	76of any police force.
99	99	77 (h)(1) Subject to regulations promulgated by the Authority, the enforcing authority shall
100	100	78provide a notice of violation to the registered owner of a motor vehicle that is identified in
101	101	79photographs or recordings produced by a bus mounted or bus stop camera system as evidence of
102	102	80a camera enforceable violation pursuant to this chapter; provided, however, that the notice shall
103	103	81include, but not be limited to: (i) a copy of the photographs produced by the camera system
104	104	82showing the vehicle in the process of a camera enforceable violation; (ii) the registration number
105	105	83and state of issuance of the vehicle; (iii) the date, time and location of the alleged camera
106	106	84enforceable violation; (iv) the specific camera enforceable violation charged; (v) instructions for
107	107	85payment of the fine imposed pursuant to subsection (b); (vi) instructions on how to appeal the
108	108	86camera enforceable violation in writing and to obtain a hearing; and (vii) an affidavit form
109	109	87approved by the enforcing authority for the purposes of making a written appeal pursuant to
110	110	88subsection (i).
111	111	89 (2) In the case of a violation involving a motor vehicle registered in the commonwealth,
112	112	90the notice of violation shall be mailed to the address of the registered owner of the motor vehicle
113	113	91as listed in the records of the registrar. If a motor vehicle is registered under the laws of another
114	114	92state or county, the notice of violation shall be mailed to the address of the registered owner as
115	115	93listed in the records of the official in the state or county that has charge of the registration of the
116	116	94motor vehicle. If the address is unavailable, it shall be sufficient for the enforcing authority to
117	117	95mail a notice of violation to the official in the state or county that has charge of the registration
118	118	96of the motor vehicle. 6 of 11
119	119	97 (i)(1) A registered owner of a motor vehicle to whom a notice of violation has been
120	120	98issued pursuant to this chapter shall pay the fine or contest responsibility for the violation in a
121	121	99manner prescribed by the Authority; provided, however, that the Authority shall allow a fine to
122	122	100be contested in writing by mail or online. Payment of the established fine shall operate as the
123	123	101final disposition of a camera enforceable violation; provided, however, that payment by a
124	124	102registered owner of a motor vehicle shall operate as the final disposition of the violation as to
125	125	103any other registered owner of the same motor vehicle for the same violation.
126	126	104 (2) Not more than 60 days after a camera enforceable violation under this chapter, a
127	127	105registered owner of a motor vehicle may contest responsibility for the violation in writing by
128	128	106mail or online. The registered owner shall provide the enforcing authority with a signed affidavit,
129	129	107in a form approved by the enforcing authority, stating the: (i) reason for disputing the violation;
130	130	108(ii) full legal name and address of the registered owner of the motor vehicle; and (iii) full legal
131	131	109name and address of the operator of the motor vehicle at the time the violation occurred. The
132	132	110registered owner may include signed statements from witnesses, including the names and
133	133	111addresses of witnesses, supporting the registered owner’s defense. Not more than 21 days after
134	134	112receipt of the signed affidavit, the enforcing authority or the hearing officer shall send the
135	135	113decision of the hearing officer, including the reasons for the outcome, by first class mail to the
136	136	114registered owner. If the registered owner is found responsible for the violation, the registered
137	137	115owner shall pay the fine in the manner described in paragraph (1) not more than 14 days after the
138	138	116issuance of the decision or request further judicial review pursuant to section 14 of chapter 30A.
139	139	117 (3) In lieu of contesting responsibility for a violation in writing or online pursuant to
140	140	118paragraph (2) and not more than 60 days after a violation under this chapter, a registered owner
141	141	119of the motor vehicle may request a hearing to contest responsibility for a camera enforceable 7 of 11
142	142	120violation. A hearing request shall be made in writing by mail or online. Upon receipt of a hearing
143	143	121request, the enforcing authority shall schedule the matter before a hearing officer. The hearing
144	144	122officer may be an employee of the enforcing authority or such other person as the enforcing
145	145	123authority may designate. Written notice of the date, time and place of the hearing shall be sent by
146	146	124first class mail to each registered owner of the motor vehicle. The hearing shall be informal, the
147	147	125rules of evidence shall not apply and the decision of the hearing officer shall be final subject to
148	148	126judicial review pursuant to section 14 of chapter 30A. Not more than 21 days after the hearing,
149	149	127the enforcing authority or the hearing officer shall send the decision of the hearing officer,
150	150	128including the reason for the outcome, by first class mail to the registered owner. If the registered
151	151	129owner is found to be responsible for the camera enforceable violation, the registered owner shall
152	152	130pay the fine in the manner described in this subsection not more than 14 days after the issuance
153	153	131of the decision or request further judicial review pursuant to said section 14 of said chapter 30A.
154	154	132 (j) When a registered owner of a motor vehicle accrues not less than 3 unresolved
155	155	133violation notices from an enforcing authority pursuant to this chapter, such enforcing authority
156	156	134shall notify the registrar who shall not issue or renew the registered owner’s motor vehicle
157	157	135registration until after notification from the enforcing authority from whom the registrar received
158	158	136notification that all fines owed pursuant to this chapter have been paid.
159	159	137 Section 3. (a) Notwithstanding section 2, if the registered owner of a motor vehicle is a
160	160	138person or entity engaged in the business of leasing or renting motor vehicles, and the motor
161	161	139vehicle was operated under a rental or lease agreement at the time of the camera enforceable
162	162	140violation, this section shall be applicable and the registered owner shall not be liable for any
163	163	141unpaid fines, except as provided in this section, if the registered owner has complied with the
164	164	142requirements of this section. 8 of 11
165	165	143 (b) An enforcing authority shall provide notice in writing of each camera enforceable
166	166	144violation to the registered owner of a motor vehicle if a motor vehicle owned by the registered
167	167	145owner is involved in a camera enforceable violation.
168	168	146 (c) Not more than 45 days after the violation, the registered owner shall furnish to the
169	169	147enforcing authority, in writing, the name and address of the lessee or rentee of the motor vehicle
170	170	148at the time of the camera enforceable violation, the lessee’s or rentee’s driver’s license number,
171	171	149the state that issued such license and the lessee’s or rentee’s date of birth.
172	172	150 (d) Upon receipt of the information required under subsection (c), the enforcing authority
173	173	151shall issue a notice of a camera enforceable violation to the lessee or rentee in the form
174	174	152prescribed by section 2, and the lessee or rentee shall be liable for the violation.
175	175	153 (e) An enforcing authority shall notify the registrar if a lessee or rentee has accrued not
176	176	154less than 5 unresolved violation notices with the enforcing authority pursuant to this chapter.
177	177	155Upon receipt by the registrar of such notice under this section, the registrar shall: (i) suspend and
178	178	156not renew the license of the lessee or rentee to operate a motor vehicle in the commonwealth; or
179	179	157(ii) suspend the right to operate of a lessee or rentee not licensed in the commonwealth until the
180	180	158registrar receives notification from each applicable enforcing authority that all fines owed by the
181	181	159lessee or rentee pursuant to this chapter have been paid.
182	182	160 Section 4. (a) An enforcing authority shall post on any vehicle equipped with a bus
183	183	161mounted camera system and in the location of any bus stop camera system an unobstructed sign
184	184	162notifying the public that such camera system is in use.
185	185	163 (b) The enforcing authority shall make a public announcement and conduct a public
186	186	164awareness campaign of its use of bus mounted and bus stop camera systems beginning not less 9 of 11
187	187	165than 60 days before the enforcing authority issues a citation for any camera enforceable violation
188	188	166pursuant to this chapter.
189	189	167 Section 5. (a) A photograph or other recorded evidence taken pursuant to this chapter
190	190	168shall not be discoverable in any judicial or administrative proceeding, other than a proceeding
191	191	169held pursuant to this chapter, without a court order. A photograph or other recorded evidence
192	192	170taken pursuant to this chapter shall not be admissible in any judicial or administrative
193	193	171proceeding, other than in a proceeding to adjudicate liability for a violation of this chapter,
194	194	172without a court order. A court shall not order a release of a photograph or other recorded
195	195	173evidence taken pursuant to this chapter unless the photograph or other recorded evidence
196	196	174establishes or undermines a finding of a camera enforceable violation and the camera
197	197	175enforceable violation is material as to a finding of civil or criminal liability.
198	198	176 (b) Photographs and other recorded data collected by an enforcing authority pursuant to
199	199	177this chapter shall not be a public record under clause Twenty-Sixth of section 7 of chapter 4 or
200	200	178chapter 66.
201	201	179 (c) Photographs produced by a bus mounted or bus stop camera system shall not be used
202	202	180by an enforcing authority to identify the vehicle operator, the passengers or the contents of the
203	203	181vehicle. If a photograph taken pursuant to this chapter captures the vehicle operator, the
204	204	182passengers or the contents of the vehicle, the enforcing authority shall redact the photograph to
205	205	183remove or obscure said vehicle operator, passengers or contents of the vehicle before issuing a
206	206	184notice of violation under this chapter. An un-redacted photograph that includes the vehicle
207	207	185operator, passengers or contents of a motor vehicle committing a camera enforceable violation
208	208	186taken by a bus mounted or bus stop camera system shall not be discoverable or admissible in any 10 of 11
209	209	187judicial or administrative proceeding except by the registered owner of the vehicle and shall not
210	210	188be used as the basis for a camera enforceable violation under this chapter.
211	211	189 (d) An enforcing authority or a manufacturer, servicer or vendor of a bus mounted or bus
212	212	190stop camera system shall maintain the confidentiality of and may not use, disclose, sell or permit
213	213	191access to data collected by such camera system except as such use, disclosure or access may be
214	214	192necessary to process camera enforceable violations in accordance with this chapter.
215	215	193 Section 6. An enforcing authority may only recover costs reasonably related to the
216	216	194implementation and operation of any bus mounted or bus stop camera system, including, but not
217	217	195limited to, costs associated with: (i) installing, maintaining and operating the bus mounted safety
218	218	196camera system; (ii) issuing notices of camera enforceable violations; (iii) holding hearings for
219	219	197appeals of camera enforceable violations; (iv) notifying the registrar of a failure to pay a fine
220	220	198under this chapter; and (v) collecting a fine; provided, however, that net revenues collected by an
221	221	199enforcing authority pursuant to this chapter shall be deposited in the Massachusetts
222	222	200Transportation Trust Fund established in section 4 of chapter 6C.
223	223	201 Section 7. The operation of emergency vehicles shall be subject to this chapter except
224	224	202that a driver of fire apparatus while going to a fire or responding to an alarm, the driver of a
225	225	203vehicle of a police or recognized protective department or the driver of an ambulance, in an
226	226	204emergency and while in performance of a public duty or while transporting a sick or injured
227	227	205person to a hospital or other destination where professional medical services are available, shall
228	228	206not be liable for a camera enforceable violation pursuant to this chapter.
229	229	207 Section 8. Annually, not later than March 1, each enforcing authority that adopts this
230	230	208chapter shall publish and submit a report to the clerks of the senate and house of representatives, 11 of 11
231	231	209the senate and house committees on ways and means and the joint committee on transportation.
232	232	210The report shall include, but not be limited to, data on the number and location of fines issued for
233	233	211camera enforceable violations pursuant to this chapter. Such report shall also include
234	234	212consideration of the social and racial equity impacts of the implementation of this chapter over
235	235	213the preceding year.
236	236	214 Section 9. The Authority shall promulgate rules and regulations necessary to implement
237	237	215this chapter.
238	238	216 SECTION 4. Not later than 90 days after the effective date of this act, the Massachusetts
239	239	217Bay Transportation Authority shall promulgate regulations to implement chapter 90K of the
240	240	218General Laws. The regulations shall include, but not be limited to: (i) establishing violations
241	241	219pursuant to section 2 of said chapter 90K; (ii) establishing standardized forms for notices of
242	242	220violations and written warnings; (iii) establishing the notice and hearing requirements for camera
243	243	221enforceable violations; (iv) developing uniform signage requirements for the purpose of
244	244	222complying with subsection (a) of section 4 of said chapter 90K; and (v) developing standards for
245	245	223issuing an annual report pursuant to section 8 of said chapter 90K.