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| 2 | 2 | | HOUSE DOCKET, NO. 3717 FILED ON: 1/17/2025 |
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| 3 | 3 | | HOUSE . . . . . . . . . . . . . . . No. 3660 |
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| 4 | 4 | | The Commonwealth of Massachusetts |
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| 5 | 5 | | _________________ |
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| 6 | 6 | | PRESENTED BY: |
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| 7 | 7 | | Michael J. Finn |
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| 8 | 8 | | _________________ |
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| 9 | 9 | | To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General |
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| 10 | 10 | | Court assembled: |
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| 11 | 11 | | The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill: |
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| 12 | 12 | | An Act relative to construction zone speed control systems. |
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| 13 | 13 | | _______________ |
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| 14 | 14 | | PETITION OF: |
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| 15 | 15 | | NAME:DISTRICT/ADDRESS :DATE ADDED:Michael J. Finn6th Hampden1/17/2025Steven J. Ouellette8th Bristol2/25/2025Brian W. Murray10th Worcester2/25/2025Steven Ultrino33rd Middlesex3/11/2025 1 of 11 |
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| 16 | 16 | | HOUSE DOCKET, NO. 3717 FILED ON: 1/17/2025 |
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| 17 | 17 | | HOUSE . . . . . . . . . . . . . . . No. 3660 |
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| 18 | 18 | | By Representative Finn of West Springfield, a petition (accompanied by bill, House, No. 3660) |
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| 19 | 19 | | of Michael J. Finn and others relative to construction zone speed control systems. |
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| 20 | 20 | | Transportation. |
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| 21 | 21 | | The Commonwealth of Massachusetts |
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| 22 | 22 | | _______________ |
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| 23 | 23 | | In the One Hundred and Ninety-Fourth General Court |
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| 24 | 24 | | (2025-2026) |
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| 25 | 25 | | _______________ |
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| 26 | 26 | | An Act relative to construction zone speed control systems. |
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| 27 | 27 | | Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority |
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| 28 | 28 | | of the same, as follows: |
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| 29 | 29 | | 1 SECTION 1. Clause Twenty-sixth of Section 7 of Chapter 4 of the General Laws, as |
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| 30 | 30 | | 2appearing in the 2022 Official Edition, is hereby amended by adding the following subclause:- |
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| 31 | 31 | | 3 (w) Photographs and other personal identifying information collected pursuant to Section |
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| 32 | 32 | | 417E through Section 17I of Chapter 90. |
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| 33 | 33 | | 5 SECTION 2. Section 1 of Chapter 90 of the General Laws, as appearing in the 2022 |
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| 34 | 34 | | 6Official edition, is hereby amended by adding the following definitions:- |
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| 35 | 35 | | 7 “Construction Zone Speed Control System”, a camera system that monitors and detects |
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| 36 | 36 | | 8motor vehicle speed limits in an active construction zone, as defined in section 17D of this |
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| 37 | 37 | | 9chapter. Construction zone speed control systems shall meet the requirements described in |
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| 38 | 38 | | 10Section 17E of this chapter. 2 of 11 |
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| 39 | 39 | | 11 “Personally identifiable information”, means information created or maintained by the |
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| 40 | 40 | | 12department or a vendor that identifies or describes an owner and includes, but is not limited to, |
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| 41 | 41 | | 13the owner's address, telephone number, number plate, photograph, bank account information, |
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| 42 | 42 | | 14credit card number, debit card number or the date, time, location or direction of travel on a |
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| 43 | 43 | | 15highway. |
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| 44 | 44 | | 16 SECTION 3. Chapter 90 of the General Laws, as appearing in the 2022 Official Edition, |
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| 45 | 45 | | 17is hereby amended by adding the following sections:- |
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| 46 | 46 | | 18 Section 17E Construction Zone Speed Control System |
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| 47 | 47 | | 19 (a)(1) The department may install and operate construction zone speed control systems in |
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| 48 | 48 | | 20active construction zones as defined in Section 17D of this chapter. Any system shall be limited |
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| 49 | 49 | | 21to monitoring and detecting speed violations that exceed the posted speed limit by fifteen miles |
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| 50 | 50 | | 22per hour or more in violation of section 17D of this chapter. |
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| 51 | 51 | | 23 (2) In determining where to install and operate construction zone speed control systems, |
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| 52 | 52 | | 24the department shall give due consideration to locations with high traffic volumes and known |
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| 53 | 53 | | 25accident hotspots. |
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| 54 | 54 | | 26 (b) Signage shall be displayed in any active construction zones where construction zone |
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| 55 | 55 | | 27speed control systems are in use which clearly alerts motorists to the use of said system. The |
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| 56 | 56 | | 28signage shall remain in place at all times while the system is in operation. |
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| 57 | 57 | | 29 (c)(1) The department may enter into an agreement with a private vendor or manufacturer |
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| 58 | 58 | | 30to provide for the design, installation, operation and maintenance, or any combination thereof, of |
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| 59 | 59 | | 31construction zone speed control systems. 3 of 11 |
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| 60 | 60 | | 32 (2) Any money paid to the manufacturer or vendor of a construction zone speed control |
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| 61 | 61 | | 33system shall not be based upon the revenue generated by the use of such system. Any money |
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| 62 | 62 | | 34paid to the manufacturer or vendor of the system, including, but not limited to, equipment, shall |
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| 63 | 63 | | 35be based upon the value of the system and equipment installed and the recurring services |
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| 64 | 64 | | 36provided in support of the systems, including the processing of evidence files, cost of the |
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| 65 | 65 | | 37technology provided and maintenance of such technology. |
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| 66 | 66 | | 38 (d) The department, in collaboration with the Massachusetts State Police, shall conduct a |
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| 67 | 67 | | 39public awareness campaign to inform motorists of the use of construction zone speed control |
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| 68 | 68 | | 40systems. |
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| 69 | 69 | | 41 Section 17F Exceeding speed limit in active construction zone detected by construction |
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| 70 | 70 | | 42zone speed control system. Penalty. |
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| 71 | 71 | | 43 (a) No person operating a motor vehicle shall exceed the posted speed limit by fifteen or |
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| 72 | 72 | | 44more miles per hour, as detected by a construction zone speed control system, within an active |
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| 73 | 73 | | 45construction zone where a construction zone speed control system is operational. |
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| 74 | 74 | | 46 (b) A violation of this section shall be punishable by a fine as established in Section 17D |
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| 75 | 75 | | 47of this chapter. The owner of a motor vehicle identified by a construction zone speed camera |
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| 76 | 76 | | 48control system shall be liable for any such fine imposed unless the driver of the motor vehicle |
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| 77 | 77 | | 49received a citation from a law enforcement officer at the time of the violation. |
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| 78 | 78 | | 50 (c) The fines pursuant to this section shall be applied whether the violation is detected |
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| 79 | 79 | | 51through the use of a construction zone speed control system or by a police officer on scene who |
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| 80 | 80 | | 52issues a 4 of 11 |
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| 81 | 81 | | 53 written citation to the operator of the motor vehicle. All fines imposed for a speeding |
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| 82 | 82 | | 54violation in accordance with this section that is detected by a construction zone speed control |
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| 83 | 83 | | 55system or by a police officer who cites the operator in hand shall be paid to the department. |
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| 84 | 84 | | 56 Section 17G Construction zone speed control system requirements. |
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| 85 | 85 | | 57 (a)(1) All construction zone speed control systems shall produce an evidence file that |
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| 86 | 86 | | 58includes a live visual video image viewable remotely, a recorded video image of the license plate |
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| 87 | 87 | | 59and the capacity to record the date, time and location of the vehicle committing a speeding |
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| 88 | 88 | | 60violation. |
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| 89 | 89 | | 61 (2) A system’s recorded video images and still photographic images shall record the rear |
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| 90 | 90 | | 62of the motor vehicle with: (i) at least 1 photographic image and 1 recorded video image clearly |
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| 91 | 91 | | 63recording the motor vehicle operating at a rate of speed in excess of the posted speed limit in an |
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| 92 | 92 | | 64active construction zone. (ii) At least 1 photographic image and 1 recorded video image shall |
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| 93 | 93 | | 65clearly identify the registration plate of the motor vehicle. |
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| 94 | 94 | | 66 (3) To the extent practicable, any construction zone speed control system shall use |
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| 95 | 95 | | 67necessary technology to ensure that photographs or recorded video images produced by the |
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| 96 | 96 | | 68system shall not include a frontal view photograph or video image of the motor vehicle that |
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| 97 | 97 | | 69identify the operator, passengers or contents of the vehicle; provided, however, that no notice of |
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| 98 | 98 | | 70violation issued under this section shall be dismissed solely because a photograph or recorded |
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| 99 | 99 | | 71video image allow for the identification of the operator, passengers or contents of a vehicle if a |
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| 100 | 100 | | 72reasonable effort has been made to comply with this subsection. |
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| 101 | 101 | | 73 (b)(1) Other than for purposes of enforcement of a violation of this section or for |
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| 102 | 102 | | 74purposes of an owner defending a violation of this section, recorded video images and 5 of 11 |
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| 103 | 103 | | 75photographs taken or created under this section shall only be obtained under an order by a court |
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| 104 | 104 | | 76of competent jurisdiction. |
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| 105 | 105 | | 77 (2) All recorded video and photographic images and other information obtained through |
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| 106 | 106 | | 78the use of a construction zone speed control system, as authorized in this section, that do not |
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| 107 | 107 | | 79identify a violation shall be destroyed by the department or vendor within 30 days of the date the |
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| 108 | 108 | | 80image was recorded, unless otherwise ordered by a court of competent jurisdiction. All recorded |
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| 109 | 109 | | 81video and photographic images and other information that identify a violation shall be destroyed |
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| 110 | 110 | | 82within 1 year of final disposition of proceedings related to the enforcement or defense of a |
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| 111 | 111 | | 83violation, |
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| 112 | 112 | | 84 unless otherwise ordered by a court of competent jurisdiction. The department and any |
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| 113 | 113 | | 85vendor under agreement utilizing 1 or more construction zone speed control systems shall file |
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| 114 | 114 | | 86notice attested under penalties of perjury annually within 30 days of the close of the fiscal year |
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| 115 | 115 | | 87with the state secretary that records have been destroyed in accordance with this paragraph. All |
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| 116 | 116 | | 88recorded video and photographic images and other information, however stored or retained, |
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| 117 | 117 | | 89obtained through systems authorized in this section shall be the property of the department under |
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| 118 | 118 | | 90agreement with a vendor and shall not be used by a vendor for any other purpose. Upon the |
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| 119 | 119 | | 91expiration of any agreement authorized under this section, all of said video and photographic |
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| 120 | 120 | | 92images and other information shall be delivered within 30 days to the department unless |
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| 121 | 121 | | 93otherwise ordered by a court of competent jurisdiction. |
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| 122 | 122 | | 94 Section 17H Review of recorded images. Notice of violation. Defenses. |
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| 123 | 123 | | 95 (a)(1) Whenever a construction zone speed control system detects and produces recorded |
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| 124 | 124 | | 96images of a motor vehicle allegedly committing a violation of section 17D, a sworn member or 6 of 11 |
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| 125 | 125 | | 97authorized member of the Massachusetts State Police shall review the recorded images provided |
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| 126 | 126 | | 98by such system. If, after such review, such member determines that there are reasonable grounds |
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| 127 | 127 | | 99to believe that a violation has occurred, such member may issue a notice of violation for the |
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| 128 | 128 | | 100alleged violation. Such notice of violation shall be sworn or affirmed by such member and shall |
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| 129 | 129 | | 101be prima facie evidence of the facts contained in the notice. Such notice of violation shall include |
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| 130 | 130 | | 102written verification that the construction zone speed control system was operating correctly at the |
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| 131 | 131 | | 103time of the alleged violation and specify the date of the most recent inspection that confirms the |
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| 132 | 132 | | 104construction zone speed limit system to be operating properly. |
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| 133 | 133 | | 105 (2) The notice of violation for the alleged violation of section 17D shall include (i) a copy |
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| 134 | 134 | | 106of the recorded image showing the vehicle with its number plate visible, (ii) the registration |
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| 135 | 135 | | 107number and state of issuance of the vehicle registration, (iii) verification that the construction |
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| 136 | 136 | | 108zone speed control system was operating correctly at the time of the alleged violation and the |
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| 137 | 137 | | 109date of the most recent calibration check, and (iv) the date, time and location of the alleged |
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| 138 | 138 | | 110violation. |
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| 139 | 139 | | 111 (3) In the case of an alleged violation of section 17D involving a motor vehicle registered |
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| 140 | 140 | | 112in the state, the notice of violation shall be mailed not later than thirty days after the commission |
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| 141 | 141 | | 113of the alleged violation or after the identity of the owner is ascertained, whichever is later, to the |
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| 142 | 142 | | 114address of the owner that is in the records of the department. |
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| 143 | 143 | | 115 (4) In the case of an alleged violation of section 17D involving a motor vehicle registered |
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| 144 | 144 | | 116in another jurisdiction, the notice of the violation shall be mailed not later than thirty days after |
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| 145 | 145 | | 117the identity of the owner is ascertained to the address of the owner that is in the records of the |
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| 146 | 146 | | 118official in the other jurisdiction issuing such registration. 7 of 11 |
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| 147 | 147 | | 119 (5) A notice of violation shall be invalid unless mailed to an owner not later than ninety |
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| 148 | 148 | | 120days after the alleged violation of section 17D. |
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| 149 | 149 | | 121 (6) The notice of violation shall be sent by first class mail. A manual or automatic record |
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| 150 | 150 | | 122of mailing prepared by the construction zone speed control system operator in the ordinary |
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| 151 | 151 | | 123course of business shall be prima facie evidence of mailing and shall be admissible in any court |
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| 152 | 152 | | 124proceeding as to the facts contained in the notice. |
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| 153 | 153 | | 125 (7) Upon the determination of a violation through the use of a construction zone speed |
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| 154 | 154 | | 126control system, it shall be the duty of the chief of the Massachusetts State Police, or any designee |
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| 155 | 155 | | 127of the chief, to issue the owner of the vehicle a citation pursuant to chapter 90C. |
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| 156 | 156 | | 128 (b)(1) A construction zone speed control system operator shall complete training offered |
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| 157 | 157 | | 129by the manufacturer of such system, including training on any devices critical to the operation of |
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| 158 | 158 | | 130such system or the manufacturer's representative in the procedures for setting up, testing and |
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| 159 | 159 | | 131operating such system. Upon completion of the training, the manufacturer or manufacturer's |
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| 160 | 160 | | 132representative shall issue a signed certificate to the construction zone speed control system |
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| 161 | 161 | | 133operator. Such signed certificate shall be admitted as evidence in any court proceeding for an |
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| 162 | 162 | | 134alleged violation of section 17D. |
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| 163 | 163 | | 135 (2) A construction zone speed control system operator shall complete and sign a daily log |
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| 164 | 164 | | 136for a construction zone speed control system. Such daily log shall (i) state the date, time and |
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| 165 | 165 | | 137location of such system's set-up, (ii) state that the construction zone speed control system |
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| 166 | 166 | | 138operator successfully performed, and the construction zone speed system passed, the testing |
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| 167 | 167 | | 139specified by the manufacturer of the construction zone speed system, (iii) be kept on file at the 8 of 11 |
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| 168 | 168 | | 140principle office of the operator, and (iv) be admitted in any court proceeding for an alleged |
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| 169 | 169 | | 141violation of section 17D. |
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| 170 | 170 | | 142 (3) A construction zone speed control system shall undergo an annual calibration check |
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| 171 | 171 | | 143performed at a calibration laboratory. The calibration laboratory shall issue a signed certificate of |
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| 172 | 172 | | 144calibration after the annual calibration check. Such signed certificate of calibration shall be kept |
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| 173 | 173 | | 145on file and admitted as evidence in any court proceeding for an alleged violation of section 17D. |
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| 174 | 174 | | 146 (c) Any recorded video images or still photographic images produced by a construction |
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| 175 | 175 | | 147zone speed control system evidencing the violation shall be available for inspection in any |
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| 176 | 176 | | 148proceeding to adjudicate the liability for the violation adopted under this section. |
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| 177 | 177 | | 149 (d) In all actions of speeding violations based on evidence obtained from a construction |
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| 178 | 178 | | 150zone speed control system pursuant to this section, the registered owner of the motor vehicle |
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| 179 | 179 | | 151shall be primarily responsible except as otherwise provided in this section. |
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| 180 | 180 | | 152 (e) The following defenses shall be available to the owner of a motor vehicle identified |
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| 181 | 181 | | 153by a construction zone speed camera control system as allegedly violating section 17D: (1) The |
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| 182 | 182 | | 154violation took place during a period of time in which the motor vehicle had been reported as |
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| 183 | 183 | | 155being stolen to a law enforcement unit and had not been recovered prior to the time of the |
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| 184 | 184 | | 156violation, or (2) the construction zone speed control system used to determine speed was not in |
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| 185 | 185 | | 157compliance with the provisions of this section relating to tests for accuracy, certification or |
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| 186 | 186 | | 158calibration. |
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| 187 | 187 | | 159 (f) In the event that the registered owner of a vehicle operated in violation of this section |
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| 188 | 188 | | 160was not the operator of the vehicle at the time of the violation, the registered owner of the |
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| 189 | 189 | | 161vehicle shall: (1) assume liability for the violation by paying the fine; (2) upon written receipt of 9 of 11 |
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| 190 | 190 | | 162the citation, provide the issuing authority within 30 days of the date of issuance with the name, |
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| 191 | 191 | | 163address and registration plate number of the operator of the vehicle who was responsible along |
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| 192 | 192 | | 164with a signed affidavit acknowledging such; or (3) defend the violation pursuant to the |
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| 193 | 193 | | 165procedures established for speeding violations under this chapter. |
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| 194 | 194 | | 166 (g) A vehicle owned or leased to a corporation that is identified by a construction zone |
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| 195 | 195 | | 167speed control system under this section shall be primarily responsible for a violation pursuant to |
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| 196 | 196 | | 168this section even if a person who normally operates the vehicle for the corporation denies that |
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| 197 | 197 | | 169they were operating the vehicle at the time of the violation. |
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| 198 | 198 | | 170 (h) An owner who receives a notice of violation pursuant to the provisions of this section |
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| 199 | 199 | | 171shall follow the procedures set forth in section 3 of this chapter. |
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| 200 | 200 | | 172 (i) The administrator of the department shall submit an annual report to the department’s |
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| 201 | 201 | | 173board of directors. The report shall contain: (i) data on the number of citations issued under this |
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| 202 | 202 | | 174section at each particular active construction zone, and of those citations, shall detail: (A) the |
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| 203 | 203 | | 175number paid without a request for a hearing; (B) the number found responsible after a hearing; |
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| 204 | 204 | | 176and (C) the number dismissed after a hearing; and (ii) the cost to maintain each system and the |
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| 205 | 205 | | 177amount of revenue obtained from each system. |
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| 206 | 206 | | 178 Section 17I. Personally identifiable information. (a) No personally identifiable |
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| 207 | 207 | | 179information collected by a construction zone speed control system shall be sold or disclosed by |
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| 208 | 208 | | 180the department or a vendor to any person or entity except where the disclosure is made (1) in |
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| 209 | 209 | | 181connection with the charging, collection and enforcement of the fines imposed pursuant to |
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| 210 | 210 | | 182Section 17F, (2) pursuant to a judicial order, including a search warrant or subpoena, in a |
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| 211 | 211 | | 183criminal proceeding, or (3) to comply with federal or state laws or regulations. 10 of 11 |
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| 212 | 212 | | 184 (b) No personally identifiable information shall be stored or retained by the department or |
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| 213 | 213 | | 185a vendor unless such information is necessary for the collection and enforcement of the fines |
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| 214 | 214 | | 186imposed pursuant to Section 17F. |
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| 215 | 215 | | 187 (c) Except as otherwise provided by law or in connection with an administrative |
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| 216 | 216 | | 188summons or judicial order, including a search warrant or subpoena, in a criminal proceeding, the |
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| 217 | 217 | | 189department or a vendor shall destroy personally identifiable information and other data that |
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| 218 | 218 | | 190specifically identifies a motor vehicle and relates to a violation of Section 17F not later than one |
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| 219 | 219 | | 191year after any fine is imposed or the resolution of a trial conducted for the alleged commission of |
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| 220 | 220 | | 192such violation. |
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| 221 | 221 | | 193 (d) Personally identifiable customer information shall not be deemed a public record, for |
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| 222 | 222 | | 194purposes of the Freedom of Information Act, as defined in Section 1-200. |
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| 223 | 223 | | 195 Section 17J Regulations. |
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| 224 | 224 | | 196 (j) The department may adopt regulations to implement the provisions of sections 17E |
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| 225 | 225 | | 197through 17I of this chapter and establish standards and procedures for construction zone speed |
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| 226 | 226 | | 198control systems. |
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| 227 | 227 | | 199 The Commonwealth shall allocate necessary funds from the Highway Fund to implement |
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| 228 | 228 | | 200the provisions of this Act. |
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| 229 | 229 | | 201 The provisions of this act are severable and if any provision, or portion thereof, should be |
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| 230 | 230 | | 202held to be unconstitutional or otherwise invalid by any court of competent jurisdiction, such |
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| 231 | 231 | | 203unconstitutionality or invalidity shall not affect the remaining provisions, which remain in full |
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| 232 | 232 | | 204force and effect. 11 of 11 |
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| 233 | 233 | | 205 This Act shall take effect 90 days after its passage. |
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