Bill > S1724

This bill establishes a pilot program allowing up to five municipalities, each with a population of at least 25,000, to use a traffic violation monitoring system, which is an automated device with cameras that captures images or videos of vehicles violating traffic control signals. The Massachusetts Department of Transportation, in consultation with the Executive Office of Public Safety, will create regulations for this program, ensuring that systems do not capture frontal views of vehicles and that evidence from these systems, when sworn to by an authorized police officer, is considered strong proof of a violation. Citations will not be issued if a vehicle is within the intersection during a yellow light, and photographs taken by these systems are generally protected from discovery in legal proceedings unless a court orders otherwise. The owner of a vehicle is liable for a penalty, capped at $100 per violation (plus potential late fees), unless the operator has already been convicted of the underlying violation. Importantly, these penalties are not considered criminal convictions, will not affect a driver's record or insurance rates, and do not add points to a driver's license. Vehicle owners can pay fines online, in person, or by mail, and paying the fine resolves the case for all owners of that vehicle for that specific violation. Owners can also request a hearing to contest a violation within 15 days of receiving a notice. The bill also specifies that vendors of these systems cannot be paid based on the number of citations issued or a percentage of the fines collected, but rather on the value of the equipment, program delivery costs, and support services. Municipalities participating in the pilot program must report annually to the Department of Transportation on the program's costs, infractions, impact on accidents, and fines collected.