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