Matters ▸ Attachment
AutomatedSpeedEnforcementHRP — File 212255
Section 1. As used in this chapter, the following words shall, unless the context
clearly requires otherwise, have the following meanings:‐
"Automated Road Safety Camera System" shall mean an automated motor vehicle sensor
device installed which produces digital photographs and may record the speed of
each motor vehicle at the time it is operated in a manner that is in violation of
traffic laws and regulations where the automated road camera safety system is
located.
“Camera Enforceable Violation” shall mean a violation of the traffic laws which may
be enforced by an automated road safety camera system, limited to exceeding the
speed limit pursuant to section 17 or section 18 of chapter 90 while travelling in
a designated school zone.
“City” shall mean the City of Salem, Massachusetts.
“Designated School Zone” shall mean within 300 feet of the real property comprising
a public or private accredited preschool, accredited headstart facility,
elementary, vocational or secondary school if the violation occurs between 5:00
a.m. and midnight, whether or not school is in session.
Section 2. (a) The City of Salem may employ an automated road safety camera system
as a means of promoting traffic safety in a designated school zone, which may be
fixed along any portion of any ways within a designated school zone its control, or
within a designated school zone in the control of the commonwealth with written
permission from the department of transportation and may impose a penalty on the
owner of a motor vehicle for failure by the operator thereof to comply with traffic
laws and regulations.
(b) The City may employ no more than two fixed automated road safety camera systems
per designated school zone.
Section 3. (a) The maximum fine imposed for a violation issued pursuant to this
chapter shall be twenty five dollars per violation. For violations issued pursuant
to this chapter, except as provided in section 4, the owner or owners of a vehicle
shall be liable for the fine, however, no owner of a vehicle shall be responsible
for a violation issued pursuant to this chapter where the operator of the motor
vehicle was issued a citation for the underlying violation in accordance with
section 2 of chapter 90C of the General Laws. The city may send a written warning
to the owner or owners in lieu of enforcement for the purpose of education.
(b) A certificate, or a facsimile thereof, based upon inspection of photographs and
data produced by an automated road safety camera system, and sworn to or affirmed
by the police department or designee authorized to issue citations for violations
of traffic laws and regulations, shall be prima facie evidence of the facts
contained therein.
(c) A violation issued by the city shall not be made part of the operating record
of the person upon whom such liability is imposed, nor shall such violation be
considered 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 of the General Laws.
(d) The police department shall supervise and coordinate the administration of
violations issued in conformance with this chapter. The police department shall
have the authority to hire and designate such personnel as may be necessary or
contract for such services to implement the provisions of this chapter.
(e) It shall be the duty of the police department or designee of a city to cause a
notice of violation to the registered owner or owners of a motor vehicle identified
in photographs produced by such device as evidence of a violation pursuant to this
chapter. Such notice shall contain, but not be limited to, the following
information: a copy of the aforementioned recorded images and other data showing
the vehicle in the process of a camera enforceable violation; the registration
number and state of issuance of the vehicle; the date, time and location of the
violation; the specific camera enforceable violation charged; instructions for
payment of the violation; instructions to contest the violation in writing; and
instructions to obtain a hearing.
(f) In the case of a violation involving a motor vehicle registered under the laws
of the Commonwealth, a notice of violation shall be mailed within 14 days of the
violation to the address of the registered owner or owners as listed in the records
of the registrar of motor vehicles. In the case of any motor vehicle registered
under the laws of another state or country, such notice of violation shall be
mailed within 21 days of the violation to the address of the registered owner or
owners as listed in the records of the official in such state or country having
charge of the registration of such motor vehicle. If said address is unavailable,
it shall be sufficient for the police department or designee to mail a notice of
violation to the official in such state or country having charge of the
registration of such motor vehicle.
(g) A notice of violation shall be sent by first class mail in accordance with
subsection (f) and shall include an affidavit form approved by the police
department for the purpose of complying with subsection (b). A manual or automatic
record of mailing processed by or on behalf of the police department in the
ordinary course of business shall be prima facie evidence thereof, and shall be
admitted as evidence in any judicial or administrative proceeding, as to the facts
contained therein. Unless an owner or owners pay the fine or contest responsibility
within 60 days of the violation, the provisions of subsection (l) will apply.
(h) Any owner to whom a notice of violation has been issued shall not be liable for
a violation under the provisions of this chapter if: the violation was necessary to
allow the passage of an emergency vehicle; the violation was incurred while
participating in a funeral procession; the 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 prior to the
time the violation occurred; the operator of the motor vehicle was operating the
motor vehicle under a rental or lease agreement and the owner of the motor vehicle
is a rental or leasing company and has complied with the provisions of section 4 of
this chapter; the operator of the motor vehicle was issued a citation for the
underlying violation in accordance with section 2 of chapter 90C of the General
Laws; or, the violation was necessary to comply with any other law or regulation
governing the operation of a motor vehicle.
(i) Any motor vehicle owner to whom a notice of violation has been issued pursuant
to this chapter may admit responsibility for such violation and pay the fine
provided therein. Payment may be made personally or through a duly authorized
agent, by appearing before the police department’s designee during normal office
hours, by mailing or online. Payment by mail shall be made by check, money order or
credit card to the police department or city. Payment of the established fine and
any applicable penalties shall operate as the final disposition of the violation.
Payment by one motor vehicle owner shall operate as the final disposition of the
violation as to all other motor vehicle owners of the same motor vehicle for the
same violation.
(j) An owner may contest responsibility for a violation under this chapter in
writing by mail or online. The owner shall provide the police department with a
signed affidavit in a form approved by the police department, stating: the reason
for disputing the violation; the full legal name and address of the owner of the
motor vehicle; and the full legal name and address of the operator of the motor
vehicle at the time the violation occurred. An owner may include signed statements
from witnesses, which include the names and addresses of witnesses, supporting the
owner's defense. Within 21 days of receipt, the police department 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 or owners. If the owner is
found responsible for the violation, the owner shall pay the fine in the manner
described in (i) within 14 days of the issuance of the decision or request further
judicial review pursuant to section 14 of Chapter 30A of the General Laws.
(k) An owner may request a hearing to contest responsibility for a violation. A
hearing request shall be made in writing by mail or online. Upon receipt of a
hearing request, the police department shall schedule the matter before hearing
officer. Said hearing officer may be an employee of the police department of the
city or such other person or persons as the police department may designate.
Written notice of the date, time and place of said hearing shall be sent by first
class mail to each registered owner. 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 as outlined by section 14 of Chapter 30A of the General
Laws. Within 21 days of the hearing, the police department or the hearing officer
should send the decision of the hearing officer, including the reasons for the
outcome, by first class mail to the registered owner or owners. If the owner is
found responsible for the violation, the owner shall pay the fine in the manner
described in (i) within 14 days of the issuance of the decision or request further
judicial review pursuant to section 14 of Chapter 30A of the General Laws.
(l) If an owner to whom a notice of violation has been issued either fails to pay
the fine in said notice in accordance with subsection (i), or is found responsible
for the violation and does not pay the fine in accordance with subsection (j) or
subsection (k), the police department shall notify the registrar of motor vehicles
who shall place the matter on record. Upon receipt of the registrar of five or more
of such notices, the registrar shall not issue or renew such owner's motor vehicle
registration until after notification from the police department that all fines
owed pursuant to this chapter have been paid. It shall be the duty of the police
department to notify the registrar forthwith that such case has been so disposed;
provided, however, that certified receipt of full and final payment from the police
department shall also serve as legal notice to the registrar that said violation
has been disposed of in accordance with this chapter. The certified receipt shall
be printed in such form as the registrar of motor vehicles may approve.
Section 4. (a) Notwithstanding section 3 of this chapter, if the registered owner
of a motor vehicle in receipt of a notice of violation is a person or entity
engaged in the business of leasing or renting motor vehicles, and such motor
vehicle was operating under a rental or lease agreement at the time of a violation,
then the provisions of this section shall be applicable, and the registered owner
shall not be liable for any unpaid fines; provided, however, that such owner has
complied with the procedures of this section.
(b) The police department shall give to the registered owner notice in writing of
each violation in which a motor vehicle owned by such owner is involved, as set
forth in section 3.
(c) Within 45 days of the violation, the registered owner shall furnish to such
department or designee in writing the name and address of the lessee or rentee of
such motor vehicle at the time of the violation; the lessee's or rentee's driver's
license number, state of issuance of such driver's license and the lessee's or
rentee's date of birth.
(d) Such department or designee shall thereupon issue a notice of violation to such
lessee or rentee in the form prescribed by section 3 and the lessee or rentee shall
be liable for the violation.
(e) If such lessee or rentee to whom a notice of violation has been issued either
fails to pay the fine in accordance with subsection (i) of section 3, or fails to
receive a favorable adjudication of said notice in accordance with subsection (j)
of section 3, or subsection (k) of section 3, the police department or designee
shall notify the registrar of motor vehicles who shall place the matter on record.
Upon notification to the registrar of five or more of such notices under this
section, it shall be the duty of the registrar to suspend and not renew the license
to operate a motor vehicle of such lessee or rentee or suspend the right to operate
of a lessee or rentee not licensed in this commonwealth until after notification
from the Salem police department that all fines, taxes and penalties owed by such
owner pursuant to either this chapter, have been disposed of in accordance with
this chapter. It shall be the duty of the police department to notify the registrar
forthwith that such case has been so disposed; provided, however, that certified
receipt of full and final payment from the police department shall also serve as
notice to the registrar that said violation has been disposed of in accordance this
chapter. The certified receipt shall be printed in such form as the registrar of
motor vehicles may approve.
Section 5. No speed limit violation shall be issued unless the vehicle exceeds the
speed limit by at least five miles per hour.
Section 6. (a) The city shall install a sign notifying the public that an automated
road safety camera system is in use at each location of said camera.
(b) The city shall make a public announcement and conduct a public awareness
campaign of use of automated road safety camera systems beginning at least 30 days
before the enforcement program is in use. The city may install but not activate
automated road safety camera systems during said time period.
Section 7. (a) The compensation paid to the manufacturer or vendor of the automated
road safety camera system as authorized herein shall be based on the value of the
equipment or services provided and shall not be based on the number of traffic
citations issued or the revenue generated by the systems.
(b) Verification that the automated road safety camera system and any appurtenant
traffic control signals are correctly calibrated shall be made by a professional
engineer registered in the commonwealth.
Section 8. (a) Photographs and other recorded evidence shall only be captured when
a camera enforceable violation occurs. Photographs and other recorded evidence
shall be destroyed within 48 hours of the final disposition of a violation.
(b) No photographs taken in conformance with this chapter shall be discoverable in
any judicial or administrative proceeding other than a proceeding held pursuant to
this chapter without a court order. No photograph taken in conformance with this
chapter shall be admissible in any judicial or administrative proceeding other than
in a proceeding to adjudicate liability for such violation of this chapter without
a court order. A court shall order a release of a photograph taken in conformance
with this chapter only where the photograph tends to establish or undermine a
finding of a moving violation and the violation is material as to a finding of
civil or criminal liability.
(c) Photographs and other personally identifying information collected by the city
pursuant to this chapter are not public record.
(d) No automated road safety camera system shall be utilized in such a manner as to
take a frontal view photograph of a motor vehicle.
Section 9. This act shall take effect upon its passage.