Mass. Gen. Laws ch. 90K, sec. 2 — MA Code / Part I / Title XIV / Chapter 90K / Section 2
Use of bus mounted and bus stop camera systems for the enforcement of bus priority in bus lanes and of bus stop violations; fines; exceptions; written warnings; prima facie evidence; notice of violation to registered owner; contest of camera enforceable violation
Status: in_force

Section 2. (a) The authority and any regional transit authority established pursuant to chapter 161B that adopts this chapter may deploy bus mounted camera systems to enforce the priority of buses on roadways in lanes designated for the exclusive use of buses and bus stop violations pursuant to this chapter; provided, however, that an enforcing authority may deploy bus stop camera systems to enforce bus stop violations. (b) Fines imposed pursuant to this chapter shall be: (i) not less than $25 and not more than $125 for a camera enforceable violation involving parking, standing or causing a motor vehicle to stand in a lane designated for the exclusive use of buses, as established by the authority; provided, however, the authority shall establish separate fines for such violations for passenger and commercial vehicles; and (ii) $100 for a camera enforceable violation involving parking a motor vehicle in a posted bus stop. (c) The registered owner of a motor vehicle shall be liable for any fine unless the: (i) violation was necessary to allow the passage of an emergency vehicle; (ii) violation was incurred while participating in a funeral procession; (iii) violation was incurred during a period of time in which the motor vehicle was reported to the police department of any state, city or town as having been stolen and had not been recovered before the time the violation occurred; (iv) operator of the motor vehicle was operating the motor vehicle under a rental or lease agreement and the registered owner of the motor vehicle is a rental or leasing company and has complied with section 3; (v) operator of the motor vehicle was issued a citation for the violation in accordance with section 2 of chapter 90C; (vi) violation was necessary for the safety of passengers or pedestrians; or (vii) violation was necessary to comply with any other law or regulation governing the operation of a motor vehicle. (d) An enforcing authority may send a written warning to the registered owner of a motor vehicle in lieu of enforcement through a fine; provided, however, that a written warning shall only be issued pursuant to objective and consistent criteria in a written policy established by the enforcing authority; provided further, that the authority shall provide guidance for establishing such objective and consistent criteria. (e) A certificate, or other written attestation, based upon inspection of photographs and data produced by a bus mounted or bus stop camera system and sworn to or affirmed by a representative of the enforcing authority shall be prima facie evidence of the facts contained therein. (f) A camera enforceable violation issued pursuant to this chapter shall not be: (i) made part of the driving record of the person upon whom such liability is imposed; or (ii) a conviction of a moving violation of the motor vehicle laws for the purpose of determining a surcharge on a motor vehicle premium pursuant to section 113B of chapter 175. (g) An enforcing authority that deploys a camera system pursuant to this chapter may hire and designate personnel as necessary or contract for services to implement this chapter. Notwithstanding any general or special law to the contrary, personnel designated to review and issue citations pursuant to this chapter may be civilians and shall not be required to be a member of any police force. (h)(1) Subject to regulations promulgated by the authority, the enforcing authority shall provide a notice of violation to the registered owner of a motor vehicle that is identified in photographs or recordings produced by a bus mounted or bus stop camera system as evidence of a camera enforceable violation pursuant to this chapter; provided, however, that the notice shall include, but not be limited to: (i) a copy of the photographs produced by the camera system showing the vehicle in the process of a camera enforceable violation; (ii) the registration number and state of issuance of the vehicle; (iii) the date, time and location of the alleged camera enforceable violation; (iv) the specific camera enforceable violation charged; (v) instructions for payment of the fine imposed pursuant to subsection (b); (vi) instructions on how to appeal the camera enforceable violation in writing and to obtain a hearing; and (vii) an affidavit form approved by the enforcing authority for the purposes of making a written appeal pursuant to subsection (i). (2) In the case of a violation involving a motor vehicle registered in the commonwealth, the notice of violation shall be mailed to the address of the registered owner of the motor vehicle as listed in the records of the registrar. If a motor vehicle is registered under the laws of another state or county, the notice of violation shall be mailed to the address of the registered owner as listed in the records of the official in the state or county that has charge of the registration of the motor vehicle. If the address is unavailable, it shall be sufficient for the enforcing authority to mail a notice of violation to the official in the state or county that has charge of the registration of the motor vehicle. (i)(1) A registered owner of a motor vehicle to whom a notice of violation has been issued pursuant to this chapter shall pay the fine or contest responsibility for the violation in a manner prescribed by the authority; provided, however, that the authority shall allow a fine to be contested in writing by mail or online. Payment of the established fine shall operate as the final disposition of a camera enforceable violation; provided, however, that payment by a registered owner of a motor vehicle shall operate as the final disposition of the violation as to any other registered owner of the same motor vehicle for the same violation. (2) Not more than 60 days after a camera enforceable violation under this chapter, a registered owner of a motor vehicle may contest responsibility for the violation in writing by mail or online. The registered owner shall provide the enforcing authority with a signed affidavit, in a form approved by the enforcing authority, stating the: (i) reason for disputing the violation; (ii) full legal name and address of the registered owner of the motor vehicle; and (iii) full legal name and address of the operator of the motor vehicle at the time the violation occurred. The registered owner may include signed statements from witnesses, including the names and addresses of witnesses, supporting the registered owner's defense. Not more than 21 days after receipt of the signed affidavit, the enforcing authority or the hearing officer shall send the decision of the hearing officer, including the reasons for the outcome, by first class mail to the registered owner. If the registered owner is found responsible for the violation, the registered owner shall pay the fine in the manner described in paragraph (1) not more than 14 days after the issuance of the decision or request further judicial review pursuant to section 14 of chapter 30A. (3) In lieu of contesting responsibility for a violation in writing or online pursuant to paragraph (2) and not more than 60 days after a violation under this chapter, a registered owner of the motor vehicle may request a hearing to contest responsibility for a camera enforceable violation. A hearing request shall be made in writing by mail or online. Upon receipt of a hearing request, the enforcing authority shall schedule the matter before a hearing officer. The hearing officer may be an employee of the enforcing authority or such other person as the enforcing authority may designate. Written notice of the date, time and place of the hearing shall be sent by first class mail to each registered owner of the motor vehicle. The hearing shall be informal, the rules of evidence shall not apply and the decision of the hearing officer shall be final subject to judicial review pursuant to section 14 of chapter 30A. Not more than 21 days after the hearing, the enforcing authority or the hearing officer shall send the decision of the hearing officer, including the reason for the outcome, by first class mail to the registered owner. If the registered owner is found to be responsible for the camera enforceable violation, the registered owner shall pay the fine in the manner described in this subsection not more than 14 days after the issuance of the decision or request further judicial review pursuant to said section 14 of said chapter 30A. (j) When a registered owner of a motor vehicle accrues not less than 3 unresolved violation notices from an enforcing authority pursuant to this chapter, such enforcing authority shall notify the registrar who shall not issue or renew the registered owner's motor vehicle registration until after notification from the enforcing authority from whom the registrar received notification that all fines owed pursuant to this chapter have been paid.

Section 2. (a) The authority and any regional transit authority established pursuant to chapter 161B that adopts this chapter may deploy bus mounted camera systems to enforce the priority of buses on roadways in lanes designated for the exclusive use of buses and bus stop violations pursuant to this chapter; provided, however, that an enforcing authority may deploy bus stop camera systems to enforce bus stop violations.

(b) Fines imposed pursuant to this chapter shall be: (i) not less than $25 and not more than $125 for a camera enforceable violation involving parking, standing or causing a motor vehicle to stand in a lane designated for the exclusive use of buses, as established by the authority; provided, however, the authority shall establish separate fines for such violations for passenger and commercial vehicles; and (ii) $100 for a camera enforceable violation involving parking a motor vehicle in a posted bus stop.

(c) The registered owner of a motor vehicle shall be liable for any fine unless the:

(i) violation was necessary to allow the passage of an emergency vehicle;

(ii) violation was incurred while participating in a funeral procession;

(iii) violation was incurred during a period of time in which the motor vehicle was reported to the police department of any state, city or town as having been stolen and had not been recovered before the time the violation occurred;

(iv) operator of the motor vehicle was operating the motor vehicle under a rental or lease agreement and the registered owner of the motor vehicle is a rental or leasing company and has complied with section 3;

(v) operator of the motor vehicle was issued a citation for the violation in accordance with section 2 of chapter 90C;

(vi) violation was necessary for the safety of passengers or pedestrians; or

(vii) violation was necessary to comply with any other law or regulation governing the operation of a motor vehicle.

(d) An enforcing authority may send a written warning to the registered owner of a motor vehicle in lieu of enforcement through a fine; provided, however, that a written warning shall only be issued pursuant to objective and consistent criteria in a written policy established by the enforcing authority; provided further, that the authority shall provide guidance for establishing such objective and consistent criteria.

(e) A certificate, or other written attestation, based upon inspection of photographs and data produced by a bus mounted or bus stop camera system and sworn to or affirmed by a representative of the enforcing authority shall be prima facie evidence of the facts contained therein.

(f) A camera enforceable violation issued pursuant to this chapter shall not be: (i) made part of the driving record of the person upon whom such liability is imposed; or (ii) a conviction of a moving violation of the motor vehicle laws for the purpose of determining a surcharge on a motor vehicle premium pursuant to section 113B of chapter 175.

(g) An enforcing authority that deploys a camera system pursuant to this chapter may hire and designate personnel as necessary or contract for services to implement this chapter. Notwithstanding any general or special law to the contrary, personnel designated to review and issue citations pursuant to this chapter may be civilians and shall not be required to be a member of any police force.

(h)(1) Subject to regulations promulgated by the authority, the enforcing authority shall provide a notice of violation to the registered owner of a motor vehicle that is identified in photographs or recordings produced by a bus mounted or bus stop camera system as evidence of a camera enforceable violation pursuant to this chapter; provided, however, that the notice shall include, but not be limited to: (i) a copy of the photographs produced by the camera system showing the vehicle in the process of a camera enforceable violation; (ii) the registration number and state of issuance of the vehicle; (iii) the date, time and location of the alleged camera enforceable violation; (iv) the specific camera enforceable violation charged; (v) instructions for payment of the fine imposed pursuant to subsection (b); (vi) instructions on how to appeal the camera enforceable violation in writing and to obtain a hearing; and (vii) an affidavit form approved by the enforcing authority for the purposes of making a written appeal pursuant to subsection (i).

(2) In the case of a violation involving a motor vehicle registered in the commonwealth, the notice of violation shall be mailed to the address of the registered owner of the motor vehicle as listed in the records of the registrar. If a motor vehicle is registered under the laws of another state or county, the notice of violation shall be mailed to the address of the registered owner as listed in the records of the official in the state or county that has charge of the registration of the motor vehicle. If the address is unavailable, it shall be sufficient for the enforcing authority to mail a notice of violation to the official in the state or county that has charge of the registration of the motor vehicle.

(i)(1) A registered owner of a motor vehicle to whom a notice of violation has been issued pursuant to this chapter shall pay the fine or contest responsibility for the violation in a manner prescribed by the authority; provided, however, that the authority shall allow a fine to be contested in writing by mail or online. Payment of the established fine shall operate as the final disposition of a camera enforceable violation; provided, however, that payment by a registered owner of a motor vehicle shall operate as the final disposition of the violation as to any other registered owner of the same motor vehicle for the same violation.

(2) Not more than 60 days after a camera enforceable violation under this chapter, a registered owner of a motor vehicle may contest responsibility for the violation in writing by mail or online. The registered owner shall provide the enforcing authority with a signed affidavit, in a form approved by the enforcing authority, stating the: (i) reason for disputing the violation; (ii) full legal name and address of the registered owner of the motor vehicle; and (iii) full legal name and address of the operator of the motor vehicle at the time the violation occurred. The registered owner may include signed statements from witnesses, including the names and addresses of witnesses, supporting the registered owner's defense. Not more than 21 days after receipt of the signed affidavit, the enforcing authority or the hearing officer shall send the decision of the hearing officer, including the reasons for the outcome, by first class mail to the registered owner. If the registered owner is found responsible for the violation, the registered owner shall pay the fine in the manner described in paragraph (1) not more than 14 days after the issuance of the decision or request further judicial review pursuant to section 14 of chapter 30A.

(3) In lieu of contesting responsibility for a violation in writing or online pursuant to paragraph (2) and not more than 60 days after a violation under this chapter, a registered owner of the motor vehicle may request a hearing to contest responsibility for a camera enforceable violation. A hearing request shall be made in writing by mail or online. Upon receipt of a hearing request, the enforcing authority shall schedule the matter before a hearing officer. The hearing officer may be an employee of the enforcing authority or such other person as the enforcing authority may designate. Written notice of the date, time and place of the hearing shall be sent by first class mail to each registered owner of the motor vehicle. The hearing shall be informal, the rules of evidence shall not apply and the decision of the hearing officer shall be final subject to judicial review pursuant to section 14 of chapter 30A. Not more than 21 days after the hearing, the enforcing authority or the hearing officer shall send the decision of the hearing officer, including the reason for the outcome, by first class mail to the registered owner. If the registered owner is found to be responsible for the camera enforceable violation, the registered owner shall pay the fine in the manner described in this subsection not more than 14 days after the issuance of the decision or request further judicial review pursuant to said section 14 of said chapter 30A.

(j) When a registered owner of a motor vehicle accrues not less than 3 unresolved violation notices from an enforcing authority pursuant to this chapter, such enforcing authority shall notify the registrar who shall not issue or renew the registered owner's motor vehicle registration until after notification from the enforcing authority from whom the registrar received notification that all fines owed pursuant to this chapter have been paid.