Budget Amendment ID: FY2014-S3-496
TRP 496
School Zone Traffic Safety
Mr. Petruccelli moved that the proposed new text be amended by inserting, after section 145, the following new section:-
"Section. XXX.
SECTION 1. The General Laws are hereby amended by inserting after chapter 90C the following chapter:-
CHAPTER 90C1/2
AUTOMATED TRAFFIC ENFORCEMENT SAFETY DEVICE
Section 1. In this chapter, unless the context otherwise requires, the following words shall have the following meanings:-
(1) "Automated Traffic Enforcement Safety Device" means a device that:
a. is capable of producing a photographically recorded still or video image, or combination thereof, of the rear of a motor vehicle, or the rear of a motor vehicle being towed by another motor vehicle, including an image of the vehicle's rear license plate;
b. is capable of monitoring vehicle speed; and
c. indicates on one or more images produced, the date, time and location of the motor vehicle traveling at speeds above the posted speed limit within 2500 feet of the perimeter of a school.
(2) Except as otherwise expressly provided in this subsection, "Owner" means a person or persons in whose name a motor vehicle is registered in the Commonwealth of Massachusetts or under the laws of another state or country. In the event there is more than one Owner, the notice may be issued to the first person listed on the title or other evidence of Ownership, or jointly to all listed Owners. "Owner” shall not include a motor vehicle rental or leasing company when a motor vehicle registered by the company is being operated by another person under a rental or lease agreement with the company, in which event "Owner" shall mean the person to whom the vehicle is rented or leased; nor shall the term include motor vehicles displaying a dealer license plate, in which event "Owner" shall mean the person to whom the vehicle is assigned for use; nor shall the term include the Owner of a vehicle that has been reported stolen to a law enforcement agency prior to the time of the violation, in which event "Owner" shall mean the person who is found guilty of stealing the motor vehicle.
(3) “Agent” means a person or entity who is authorized by a Governing Body to administer the procedures contained herein and:
a. provides services to a Governing Body;
b. operates, maintains, leases or licenses an Automated Traffic Enforcement Safety Device; and/or
c. is authorized to review and assemble the recorded images captured by the Automated Traffic Enforcement Safety Device for review by law enforcement;
d. none of the activities under subsections (a) – (c) shall be construed by the state, a Governing Body, or a traffic authority as an Agent providing or participating in private investigative services or acting as a statutory authority under the open records law
(4) “Law enforcement” means:
a. a law enforcement agency of a local political subdivision that is authorized to issue a citation for a violation of local traffic laws or regulations; or
b. for a Governing Body that does not maintain a police force, an agency established or designated by the Governing Body to implement this act.
(5) “Hearing Officers” means those persons appointed pursuant to Section (2)(18) herein to conduct hearings on violations issued by Automated Traffic Enforcement Safety Devices.
(6) “Governing Body” means a county, municipal governing body, municipal board of education or the governing body of a school system responsible for enforcing violations of a motor vehicle traveling at speeds above the posted speed limit within its jurisdiction.
Section 2
(1) Before a Governing Body may operate an Automated Traffic Enforcement Safety Device program, the Governing Body shall first enact an ordinance or adopt a resolution authorizing the use of Automated Traffic Enforcement Safety Devices and publish notice of the location(s) of the Automated Traffic Enforcement Safety Devices on its website.
(2) A Governing Body may appoint one or more persons or entities to serve as Agent to administer an Automated Traffic Enforcement Safety Device program. A Governing Body may enter into an agreement with a private Agent for the installation, operation, notice processing, and administration and maintenance of Automated Traffic Enforcement Safety Devices.
(3) A Governing Body may contract for the operation of Automated Traffic Enforcement Safety Devices authorized by this act through intergovernmental agreements with another Governing Body.
(4) Before enforcing violations issued pursuant to an ordinance or resolution enacted or adopted under this section, the Governing Body shall install or temporarily erect advance warning signs within 500 feet along the approach of any roadway at which an Automated Traffic Enforcement Safety Device is located. The advance warning signs shall notify motorists of the existence of the Automated Traffic Enforcement Safety Device and shall comply with the Department of Transportation’s Manual on Uniform Traffic Control Devices.
(5) Automated Traffic Enforcement Safety Devices monitoring vehicles traveling at speeds above the posted speed limit within 2500 feet of the perimeter of a school shall:
(a.) be placed within 2500 feet of the perimeter of a school; or on that part of a street or highway located within 2500 feet of the perimeter of an institution of higher education, or within 2500 feet of the grounds of the perimeter of a building or property used by a school or institution of higher education where generally accepted traffic and engineering practices indicate that motor vehicle, pedestrian, or bicycle traffic is substantially generated or influenced by the school or institution of higher education;
(b.) comply with generally accepted procedures for operating the Automated Traffic Enforcement Safety Device. The operator of an Automated Traffic Enforcement Safety Device monitoring vehicles traveling at speeds above the posted speed limit shall maintain a monthly log for a Automated Traffic Enforcement Safety Device that:
i. states whether the operator successfully performed the manufacturer-specified self-test of the Automated Traffic Enforcement Safety Devices; and
ii. such log shall be admissible as evidence in any court proceeding for a violation of the local traffic laws.
c. undergo an annual calibration check which shall be kept on file; and shall be admissible as evidence in any court proceeding as prima facie evidence; and
d. operate daily only between 6:00 a.m. and 8:00 p.m.
(6) An ordinance or resolution adopted under this section:
a. Shall impose a civil penalty for violations of local traffic laws for a motor vehicle traveling at speeds above the posted speed limit within 2500 feet of the perimeter of a school;
b. shall impose fees associated with the electronic processing of the payment of the civil penalty imposed for a violation of such ordinance and related administrative fees; and
c. shall provide that the civil penalty imposed for a violation of such ordinance or resolution will be applied to defray the costs of the installation, operation and maintenance of the Automated Traffic Enforcement Safety Device program and that the remaining funds shall be deposited in the general fund of the Governing Body or in any special fund or account of the Governing Body, as determined by the chief executive officer and legislative body;
d. The Governing Body or its authorized Agent shall mail to the Owner of a motor vehicle committing a violation of an ordinance enacted or resolution adopted under this section, notice of the violation by first class mail postmarked no later than thirty days after obtaining the name and address of the Owner of the motor vehicle, and no more than sixty days after the date of the alleged violation. The notice shall include the following:
i. The name and address of the person alleged to be liable as the Owner of the motor vehicle involved in the violation;
ii. the license plate number of the motor vehicle;
iii. the violation charged;
iv. the location, date, and time of the violation;
v. the photographic images of the vehicle and vehicle license plate that are captured by the Automated Traffic Enforcement Safety Device and information on how to view, through electronic means, the recorded image(s) described in this section;
vi. a statement or electronically-generated affirmation of a local police officer or designated Governing Body employee, who has reviewed the recorded image(s) described in this section and determined that the motor vehicle violated the ordinance or resolution;
vii. a statement that recorded images are prima facie evidence of a violation of local traffic laws;
viii. the amount of the civil penalty imposed for the violation along with the time, place, and manner for payment of the fine, including the date by which the Owner must:
1. pay the civil fine to the local Governing Body if the Owner of the vehicle does not choose to contest the violation, and chooses to avoid paying court costs;
a. The date by which the civil penalty shall be paid shall not be more than thirty days after the issuance date of the notice of violation, if a defense described in this section does not apply
2. notify the Governing Body that the notice of violation is being contested; or
3. notify the Governing Body that responsibility is being transferred to another.
a. The date by which the civil penalty shall be paid shall not be more than sixty days after the issuance date of the notice of violation, if a new notice is required to be sent to such other person under subsection 11.
ix. the procedure under which the notice of violation may be contested, or the procedure and conditions under which responsibility for payment of the civil fine may be transferred to another individual who was operating the vehicle at the time of the violation; and
x. a statement that failure to timely pay, contest, or transfer responsibility to another shall constitute an admission that the Owner is responsible, and that failure to pay a fine for which the Owner is determined to be responsible shall result in the inability to obtain or renew the registration of the vehicle involved or to obtain or transfer its title,or for the person held to be responsible to obtain or renew a Commonwealth of Massachusetts driver's license, unless and until the civil fine is paid to the local governing body.
(7) Notwithstanding any other provision of local or state law, any challenge to enactment of an ordinance or adoption of a resolution under this section authorizing an Automated Traffic Enforcement Safety Device program shall be brought within thirty days of passage of the ordinance or resolution.
(8) Proof of registration of the motor vehicle therein concerned shall be admissible as prima facie evidence that the Owner was the operator of the vehicle.
(9) If a violation has not been contested and the assessed penalty has not been paid, the Agent or Governing Body shall send to the person who is the registered owner of the motor vehicle a final notice of any unpaid civil fine authorized by this act, except in cases where there is an adjudication that no violation occurred or there is otherwise a lawful determination that no civil penalty shall be imposed. The notice shall inform the registered Owner of the following:
a. that the Governing Body or Agent will send a referral to the Department of Motor Vehicles if the assessed penalty is not paid within thirty days after the final notice was mailed; and
b. that the referral will result in the nonrenewal of the registration of the motor vehicle, shall cause title of the vehicle involved in the violation to not be transferred and shall cause the person held responsible for the violation to be ineligible to obtain or renew a Commonwealth of Massachusetts driver's license if the assessed penalty is not paid.
(10) The Department of Motor Vehicles shall remove the penalties on a vehicle and vehicle Owner if any person presents the Department of Motor Vehicles with adequate proof that the penalty and any imposed reinstatement fee, if applicable, has been paid.
(11) Any state or county official charged with issuance or transfer of vehicle licenses or titles, or issuance of drivers' licenses, may not issue or renew the vehicle license, issue or transfer title of the vehicle, or issue or renew the driver's license of the responsible person, so long as the official has notice that a civil fine authorized by this act is or remains unpaid. In cases in which the Governing Body has given a notice of nonpayment to the appropriate licensing official and when thereafter the civil fine has been paid, the Governing Body shall transmit notice of the payment to the appropriate licensing official.
(12) The chief executive officer of a Governing Body shall ensure the appointment of one or more Automated Traffic Enforcement Safety Device Hearing Officers, other than police officers or persons who work in the police department, to conduct the hearings authorized by this section.
(13) Any person receiving a notice of violation pursuant to this act, in accordance with the procedure set out in this act and on the notice of violation, may contest the notice of violation by requesting a hearing.
(14) No person shall be responsible for payment of a civil fine for a notice of violation issued under this act if the operator of the vehicle that is the subject of the notice of violation is adjudicated to have not committed a violation or there is otherwise a lawful determination that no civil penalty may be imposed.
(15) No person may be arrested or incarcerated for nonpayment of a civil fine.
(16) Recorded images, documents, and data produced by an Automated Traffic Enforcement Safety Device authorized under this act shall not be a public record as defined by M.G.L. c. 66.
The recorded images produced by an Automated Traffic Enforcement Safety Device shall be destroyed within 90 days of the final disposition of the case to which it pertains, including any appeals, unless otherwise ordered by a court of competent jurisdiction.
b. All recorded images produced by an Automated Traffic Enforcement Safety Device authorized under this act that do not identify a Violation shall be destroyed by any city, town, or agent within 30 days of the date the image was recorded, unless otherwise ordered by a court of competent jurisdiction.
Section 3
(1) Notwithstanding any provision of the general laws, a violation of local traffic laws detected by an Automated Traffic Enforcement Safety Device pursuant to this act shall not:
a. be considered a moving traffic violation;
b. be considered in the provision of motor vehicle insurance coverage;
c. be reported to the Department of Motor Vehicles for inclusion on a person's driving record; or
d. cause the assessment of points against the operator's license of the person found to have violated local traffic laws.
(2) The relevant Governing Bodies of this state are hereby vested with the power and jurisdiction to adjudicate a notice of violation issued pursuant to this act as a civil offense whenever the offense is alleged to have occurred within their jurisdiction, and shall, in consultation with the appropriate local government agencies, adopt procedures for the issuance of citations, the trial of civil violations, and the collection of civil penalties under this Act.
(3) Under no circumstances may the images or videos described in this act contain images of the face of the driver or passengers in the vehicle.”