Mass. Gen. Laws ch. 90, sec. 14C — MA Code / Part I / Title XIV / Chapter 90 / Section 14C
School bus violation detection monitoring systems; taking of photographic and video images; production of evidence files; reporting
Status: in_force

Section 14C. (a) As used in this section and sections 14D and 14E, the following words shall, unless the context clearly requires otherwise, have the following meanings: ''District'', as defined in section 2 of chapter 70. ''School bus violation detection monitoring system'' or ''system'', a camera system that monitors and detects a motor vehicle overtaking or passing a school bus when the bus is stopped and displaying front and rear alternating flashing red signal lights, as provided in section 7B, when the bus has been stopped to allow pupils to alight from or board the bus. A school bus violation detection monitoring system shall meet the requirements described in subsection (c). ''Stop arm traffic control sign'', a stop sign mounted on a mechanical arm installed on a school bus that is deployed when a school bus is stopped to allow pupils to alight from or board the bus and to notify motorists when they are required to stop and when they may proceed. ''Violation'', the failure of an operator of a motor vehicle to comply with section 14 and any other laws, codes, regulations, by-laws, ordinances, rules or requirements governing traffic control for school buses stopped to allow pupils to alight from or board the bus. (b)(1) A city or town that accepts section 71 of chapter 40 may install and operate a school bus violation detection monitoring system on a school bus to enforce violations by an operator of a motor vehicle who overtakes or fails to stop their vehicle for a school bus when required to do so pursuant to section 14. (2) A school bus with a school bus violation detection monitoring system shall post signage indicating that such system is in use on such bus. The signage shall remain on each such school bus at all times while a school bus violation detection monitoring system is in operation. (c)(1) All systems installed on a school bus shall produce an evidence file that includes: (i) a live visual video image viewable remotely; (ii) a recorded video image of the license plate of a vehicle committing a violation of the stop arm traffic control sign; and (iii) the capacity to record the date, time and location of the vehicle committing a violation of the stop arm traffic control sign; provided, however, that all recordings in an evidence file under this section shall be destroyed in accordance with paragraph (2) of subsection (d) as applicable. (2) A system's recorded video images and still photographic images shall record the rear of the motor vehicle with at least: (i) 1 photographic image and 1 recorded video image clearly recording the motor vehicle immediately before the violation of the stop arm traffic control sign; (ii) 1 photographic image and 1 recorded video image recording the motor vehicle passing the stopped school bus with the stop arm traffic control sign in violation of the stop arm traffic control sign; and (iii) 1 photographic image and 1 recorded video image that clearly identify the license plate of the motor vehicle; provided, however, that all recordings in an evidence file under this section shall be destroyed in accordance with paragraph (2) of subsection (d) as applicable. (3) To the extent practicable, any school bus violation detection monitoring system shall use necessary technology to ensure that photographs or recorded video images produced by the school bus violation detection monitoring system shall not include a frontal view photograph or video image of the motor vehicle that is in violation of the stop arm traffic control sign or images that identify the operator, passengers or contents of the vehicle; provided, however, that no notice of liability issued under this section shall be dismissed solely because a photograph or recorded video image allow for the identification of the operator, passengers or contents of a vehicle if a reasonable effort has been made to comply with this subsection. (d)(1) Other than for purposes of enforcement of a violation of this section or section 14 or for purposes of an owner of a vehicle defending a violation of this section, recorded video images and photographs taken or created under this section shall only be made available under an order by a court of competent jurisdiction. (2) All recorded video and photographic images and other information obtained through the use of a school bus violation detection monitoring system, as authorized in this section, that do not identify a violation shall be destroyed by a city, town, school department, district or vendor within 30 days of the date the image was recorded, unless otherwise ordered by a court of competent jurisdiction. All recorded video and photographic images and other information that identify a violation shall be destroyed within 1 year of the final disposition of proceedings related to the enforcement or defense of a violation, unless otherwise ordered by a court of competent jurisdiction. Annually, within 30 days of the close of the fiscal year, each city, town, school department, district and vendor under agreement utilizing at least 1 school bus violation detection monitoring systems shall file a notice attested under penalties of perjury with the state secretary that records have been destroyed in accordance with this paragraph. All recorded video and photographic images and other information, however stored or retained, obtained through systems authorized in this section shall be the property of the municipality under agreement with a vendor or manufacturer under section 71 of chapter 40 and shall not be used by a vendor or manufacturer for any other purpose. Upon the expiration of any agreement authorized under this section, all such video and photographic images and other information shall be delivered within 30 days to the municipality who is a party to the agreement unless otherwise ordered by a court of competent jurisdiction. (3) The administrator of the school bus violation detection monitoring system within any city, town or district accepting this section shall submit an annual report to the Massachusetts Department of Transportation regarding the use and operation of each system. The report shall contain: (i) data on the number of citations issued under this section, organized by intersection, and of those citations shall detail: (A) the number of alleged violators who paid the applicable fine without a request for a hearing; (B) the number of violators found responsible after a hearing; and (C) the number of violations dismissed after a hearing; and (ii) the cost to maintain each system and the amount of revenue obtained from each system.

Section 14C. (a) As used in this section and sections 14D and 14E, the following words shall, unless the context clearly requires otherwise, have the following meanings:

''District'', as defined in section 2 of chapter 70.

''School bus violation detection monitoring system'' or ''system'', a camera system that monitors and detects a motor vehicle overtaking or passing a school bus when the bus is stopped and displaying front and rear alternating flashing red signal lights, as provided in section 7B, when the bus has been stopped to allow pupils to alight from or board the bus. A school bus violation detection monitoring system shall meet the requirements described in subsection (c).

''Stop arm traffic control sign'', a stop sign mounted on a mechanical arm installed on a school bus that is deployed when a school bus is stopped to allow pupils to alight from or board the bus and to notify motorists when they are required to stop and when they may proceed.

''Violation'', the failure of an operator of a motor vehicle to comply with section 14 and any other laws, codes, regulations, by-laws, ordinances, rules or requirements governing traffic control for school buses stopped to allow pupils to alight from or board the bus.

(b)(1) A city or town that accepts section 71 of chapter 40 may install and operate a school bus violation detection monitoring system on a school bus to enforce violations by an operator of a motor vehicle who overtakes or fails to stop their vehicle for a school bus when required to do so pursuant to section 14.

(2) A school bus with a school bus violation detection monitoring system shall post signage indicating that such system is in use on such bus. The signage shall remain on each such school bus at all times while a school bus violation detection monitoring system is in operation.

(c)(1) All systems installed on a school bus shall produce an evidence file that includes: (i) a live visual video image viewable remotely; (ii) a recorded video image of the license plate of a vehicle committing a violation of the stop arm traffic control sign; and (iii) the capacity to record the date, time and location of the vehicle committing a violation of the stop arm traffic control sign; provided, however, that all recordings in an evidence file under this section shall be destroyed in accordance with paragraph (2) of subsection (d) as applicable.

(2) A system's recorded video images and still photographic images shall record the rear of the motor vehicle with at least: (i) 1 photographic image and 1 recorded video image clearly recording the motor vehicle immediately before the violation of the stop arm traffic control sign; (ii) 1 photographic image and 1 recorded video image recording the motor vehicle passing the stopped school bus with the stop arm traffic control sign in violation of the stop arm traffic control sign; and (iii) 1 photographic image and 1 recorded video image that clearly identify the license plate of the motor vehicle; provided, however, that all recordings in an evidence file under this section shall be destroyed in accordance with paragraph (2) of subsection (d) as applicable.

(3) To the extent practicable, any school bus violation detection monitoring system shall use necessary technology to ensure that photographs or recorded video images produced by the school bus violation detection monitoring system shall not include a frontal view photograph or video image of the motor vehicle that is in violation of the stop arm traffic control sign or images that identify the operator, passengers or contents of the vehicle; provided, however, that no notice of liability issued under this section shall be dismissed solely because a photograph or recorded video image allow for the identification of the operator, passengers or contents of a vehicle if a reasonable effort has been made to comply with this subsection.

(d)(1) Other than for purposes of enforcement of a violation of this section or section 14 or for purposes of an owner of a vehicle defending a violation of this section, recorded video images and photographs taken or created under this section shall only be made available under an order by a court of competent jurisdiction.

(2) All recorded video and photographic images and other information obtained through the use of a school bus violation detection monitoring system, as authorized in this section, that do not identify a violation shall be destroyed by a city, town, school department, district or vendor within 30 days of the date the image was recorded, unless otherwise ordered by a court of competent jurisdiction. All recorded video and photographic images and other information that identify a violation shall be destroyed within 1 year of the final disposition of proceedings related to the enforcement or defense of a violation, unless otherwise ordered by a court of competent jurisdiction. Annually, within 30 days of the close of the fiscal year, each city, town, school department, district and vendor under agreement utilizing at least 1 school bus violation detection monitoring systems shall file a notice attested under penalties of perjury with the state secretary that records have been destroyed in accordance with this paragraph. All recorded video and photographic images and other information, however stored or retained, obtained through systems authorized in this section shall be the property of the municipality under agreement with a vendor or manufacturer under section 71 of chapter 40 and shall not be used by a vendor or manufacturer for any other purpose. Upon the expiration of any agreement authorized under this section, all such video and photographic images and other information shall be delivered within 30 days to the municipality who is a party to the agreement unless otherwise ordered by a court of competent jurisdiction.

(3) The administrator of the school bus violation detection monitoring system within any city, town or district accepting this section shall submit an annual report to the Massachusetts Department of Transportation regarding the use and operation of each system. The report shall contain: (i) data on the number of citations issued under this section, organized by intersection, and of those citations shall detail: (A) the number of alleged violators who paid the applicable fine without a request for a hearing; (B) the number of violators found responsible after a hearing; and (C) the number of violations dismissed after a hearing; and (ii) the cost to maintain each system and the amount of revenue obtained from each system.