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