Bill S.976

SENATE DOCKET, NO. 2019 FILED ON: 1/16/2009

SENATE . . . . . . . . . . . . . . No. 976

The Commonwealth of Massachusetts

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In the Year Two Thousand Nine

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An Act relative to school bus safety enforcement..

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:

SECTION 1. Chapter 90C of the General Laws is hereby amended by adding the following new section:

SECTION 3A. SCHOOL BUS SAFETY ENFORCEMENT

(A) Live digital video school bus violation detection monitoring systems.

(a) All school departments of this state are hereby authorized to install and operate live digital video school bus violation detection monitoring systems. Such systems shall at a minimum, be systems which monitor and detect school bus traffic violations in accordance with the provisions of section 14 of chapter 90 of the general laws. For purposes of this chapter a live digital video school bus violation detection monitoring system means a system with one or more camera sensors and computers which produce live digital and recorded video of motor vehicles being operated in violation of school bus traffic laws. All systems installed for used under this chapter must, at a minimum, produce a live visual image viewable remotely, a recorded image of the license plate, and be able to record the time, date, and location of the vehicle, and a signed affidavit by a person who witnessed the violation via live video.

(b) The school departments may enter into an agreement with a private corporation or other entity to provide live digital video school bus violation detection monitoring systems and to maintain and operate such systems. Compensation to the private entity that provides such a system and related support service shall not be based on the revenue generated by the system. Compensation to the vendor of the system shall be based on the expense of the services and the equipment provided by the vendor of the system. The school department may enter into an agreement for purposes of reimbursement of expenses to the vendor for the installation, operation and maintenance of the live digital video school bus detection and monitoring systems within its municipality. Notwithstanding the terms and conditions contained in any such agreement, reimbursement shall be made from ticket revenue proceeds from paid violations, as allocated

(B) Installation and signage.

(a) All vehicles installed with a live digital video school bus violation detection monitoring system shall post a warning sign indicating the use of such system.

(b) Warning signage shall remain on each vehicle as long as a live digital video school bus violation detection monitoring system is in operation.

(a) Except as expressly provided in this section, all prosecutions based on evidence produced by a live digital video school bus violation detection monitoring system shall follow the procedures established in section 3 of chapter 90c, or any other special or general laws to the contrary. Citations may be issued by an officer solely based on evidence obtained by use of a live digital video school bus violation detection monitoring system. All citations issued based on evidence obtained from a live digital video school bus violation detection monitoring system shall be issued within seven (7) days of the violation. Notwithstanding any provisions of the general laws to the contrary, exclusive jurisdiction to hear and decide any violation under this chapter shall be with the traffic tribunal.

(b) It shall be sufficient to commence a prosecution based on evidence obtained from a live digital video school bus violation detection monitoring system. A copy of the citation and supporting documentation shall be mailed to the address of the registered owner kept on file by the registry of motor vehicles pursuant to Chapter 90 of the general laws. For purposes of this section, the date of issuance shall be the date of mailing.

(c) The officer issuing the citation shall certify under penalties of perjury that the evidence obtained from the live digital video school bus violation detection monitoring system was sufficient to demonstrate a violation of the motor vehicle code. Such certification shall be sufficient in all prosecutions pursuant to this chapter to justify the entry of a default judgment upon sufficient proof of actual notice in all cases where the citation is not answered within the time period permitted.

(d) The citation shall contain all the information provided for on the uniform summons as referred to in section 3 of chapter 90c of the general laws, as well as the date, time and location of the violation.

(e) In addition to the information in the uniform summons, the following information shall be attached to the citation as evidence:

(i) Copies of two (2) or more photographs, or microphotographs, videos, or other recorded images taken as proof of the violation;

(ii) A signed statement by a trained law enforcement officer that, based on inspection of

recorded images and video, the motor vehicle was being operated in violation of this section

(iii) A statement that recorded images are evidence of a violation of this section; and

(iv) A statement that the person who receives a summons under this chapter may either pay the civil penalty in accordance with the provisions of section 14 of chapter 90, or elect to stand trial for the alleged violation; and

(v) A signed affidavit by a person who witnessed live the motor vehicle being operated in violation of this section.

(D) Hearings. Evidence from a live digital video school bus violation detection monitoring system shall be considered substantive evidence in the prosecution of all civil traffic violations. Evidence from a live digital video school bus violation detection monitoring system approved by the school department shall be admitted without further authentication and such evidence may be deemed sufficient to sustain a civil traffic violation. In addition to any other defenses as set forth herein, any and all defenses cognizable at law shall be available to the individual who receives the citation commencing a prosecution under this chapter.

(E) Driver/registered owner liability.

(a) The registered owner of the motor vehicle shall be primarily responsible in all prosecutions brought pursuant to the provisions of this chapter except as otherwise provided in this section.

(b) In all prosecutions of civil traffic violations based on evidence obtained from a live digital video school bus violation detection monitoring system, the registered owner of a vehicle which has been operated in violation of a civil traffic violation, may be liable for such violation. The registered owner of the vehicle may assume liability for the violation by paying the fine; or by defending the violation pursuant to the procedures in section 3 of chapter 90 of the general laws.