Massachusetts § 14E - School bus violation detection monitoring systems; liability of registered owner of violating vehicle; liability of corporate owner or lessee of violating vehicle; effect of penalties imposed for violations; issuance of citation

§ 14E. School bus violation detection monitoring systems; liability of registered owner of violating vehicle; liability of corporate owner or lessee of violating vehicle; effect of penalties imposed for violations; issuance of citation

Section 14E. (a) In all actions of civil traffic violations based on evidence obtained from a school bus violation detection monitoring system under section 14C, the registered owner of the motor vehicle shall be primarily responsible except as otherwise provided in this section.

(b) If the registered owner of a vehicle operated in violation of section 14 was not the operator of the vehicle at the time of the violation, the registered owner of the vehicle shall: (i) assume liability for the violation by paying the fine; (ii) upon written receipt of the citation, provide the issuing authority within 30 days of the date of issuance of the citation with the name, address and registration plate number of the operator of the vehicle who was responsible along with a signed affidavit acknowledging such information and attesting to its veracity; or (iii) defend the violation pursuant to the procedures established for traffic violations under this chapter.

(c) A corporation that owns or leases a vehicle identified as being in violation of section 14 by a school bus violation detection monitoring system under this section shall be primarily responsible for such violation even if a person who normally operates the vehicle for the corporation denies that such person was operating the vehicle at the time of the violation; provided, that no violation entry shall be made on the person's driving record.

(d)(1) A penalty imposed for a violation of this section shall not be considered a criminal conviction and shall not be considered a moving violation of the motor vehicle laws for the purpose of determining surcharges on motor vehicle premiums pursuant to section 113B of chapter 175; provided, however, that the violation shall be noted on the registered owner or operator's driving record.

(2) The fines pursuant to section 14 for a failure to stop for a school bus shall apply to a violation of said section 14 whether the violation is detected through the use of a school bus violation detection monitoring system or by a police officer on scene who issues a written citation to the operator of the motor vehicle. Pursuant to section 2 of chapter 280, all fines imposed for a violation of section 14 that is detected by a school bus violation detection monitoring system or by a police officer at the scene who cites the operator in hand shall be paid to the treasury of the city or town where the offense was committed.

(e) Upon the determination of a violation through the use of a school bus violation detection monitoring system, the chief of police of the city or town, or any designee of the chief, shall issue the owner of the vehicle a citation pursuant to chapter 90C.