Camera Enforceable Violations

Enforcement. An Enforcing Authority or its designee shall issue Camera Enforceable Violations in accordance with the provisions of 703 CMR 6.04. (2) Designation of Violation Clerks. An Enforcing Authority shall designate Violation Clerks to perform the functions specified in 703 CMR 6.04, including reviewing Camera Enforceable Violations, issuing notices, and hearing appeals. An Enforcing Authority may hire or designate such personnel and organize such divisions as the Enforcing Authority may deem necessary, or may contract for some or all of such services, in order to carry out the provisions of 703 CMR 6.00. (3) Functions of Violation Clerks. A Violation Clerk will review and verify data captured by a Bus Mounted Camera System or Bus Stop Camera System to identify a violating vehicle, identify whether any exceptions were applicable at the time of the Violation, and certify that a Violation occurred. A Violation Notice will then be mailed to the address of the registered owner of the vehicle. A Violation Clerk processes Violation Notices in accordance with 703 CMR 6.00, including reviewing appeals, conducting hearings, logging entries into a system of record and making decisions with respect to Camera Enforceable Violations. (4) Notice of Bus-mounted and Bus Stop Camera System. (a) Each Enforcing Authority shall post on any vehicle equipped with a Bus Mounted Camera System and in the location of any Bus Stop Camera System an unobstructed sign notifying the public that such camera system is in use. (b) Each Enforcing Authority shall make a public announcement and conduct a public awareness campaign of its use of Bus Mounted and Bus Stop Camera Systems beginning not less than 60 days before the Enforcing Authority issues a Violation Notice for any Camera Enforceable Violation pursuant to 703 CMR 6.00. (5) Issuing Violation Notices. (a) An Enforcing Authority shall issue a Violation Notice to the registered owner of the motor vehicle upon determination of a Camera Enforceable Violation. (b) An Enforcing Authority shall issue a Violation Notice with a written warning in lieu of a fine for a first offense with that Enforcing Authority, with a lifetime lookback, provided that the Camera Enforceable Violation did not cause a danger to public health, security or safety, consistent with guidance from the MBTA. (c) An Enforcing Authority may otherwise issue a Violation Notice with a written warning in lieu of a fine to the registered owner of a motor vehicle; provided, however, that a written warning in lieu of a fine shall only be issued pursuant to objective and consistent criteria in a written policy established by the Enforcing Authority and a determination that a warning is appropriate under the circumstances for reasons of fairness, provided however that a Violation Notice with a warning in lieu of a fine is issued to all motor vehicles similarly situated. (d) In the case of a Violation involving a motor vehicle registered in the commonwealth, the Violation Notice shall be mailed within 14 business days of the Violation to the address of the registered owner of the motor vehicle as listed in the records of the registrar. (e) If a motor vehicle is registered under the laws of another state or country, the Violation Notice shall be mailed within 21 business days of the Violation to the address of the registered owner as listed in the records of the official in the state or country 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 Violation Notice to the official in the state or country that has charge of the registration of the motor vehicle. (f) The Violation Notice shall be sent by first class mail. 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 Violation Clerk shall be prima facie evidence of the facts contained therein and shall be admitted as evidence in any judicial or administrative proceeding as to the facts contained therein. (6) Content of Violation Notice. (a) Information Regarding the Specific Offense. A Violation Notice shall include, but not be limited to, the following information: 1. A copy of the photographs produced by the camera system showing the vehicle in the process of a Camera Enforceable Violation; 2. The registration number and state of issuance of the registration number of the vehicle involved; 3. The date, time and location of the alleged Camera Enforceable Violation; 4. The date the Violation Notice is issued and the due date of the payment or appeal of the Violation. 5. The specific Camera Enforceable Violation charged; 6. The fee specified in 703 CMR 6.04: Table 1 or Table 2, as applicable, or a written warning in accordance with 703 CMR 6.04(4)(b); 7. An identifier for the Violation Clerk certifying that the Violation occurred; 8. Instructions for payment of the fine imposed; 9. Instructions on how to appeal the Camera Enforceable Violation in writing and to obtain a hearing; 10. An affidavit form approved by the MBTA for the purposes of making a written appeal pursuant to 703 CMR 6.05; and 11. Such other information as the Enforcing Authority may deem appropriate. Table 1 Fines will be imposed for violation of 703 CMR 6.03 by passenger vehicles as follows: Camera Enforceable Violations Fine First Bus Lane Violation after warning issued pursuant to 703 CMR 6.04(5)(b) Second Bus Lane Violation in a 180-calendar day lookback period Third Bus Lane Violation in a 180-calendar day lookback period Fourth or subsequent Bus Lane Violation in a 180-calendar day lookback Period Any Bus Stop Violation Table 2 Fines will be imposed for violation of 703 CMR 6.03 by commercial motor vehicles as follows: Camera Enforceable Violations Fine First Bus Lane Violation after warning issued pursuant to 703 CMR 6.04(5)(b) Second Bus Lane Violation in a 12-month lookback period Third Bus Lane Violation in a 12-month lookback period Fourth or subsequent Bus Lane Violation in a 12-month lookback Period Any Bus Stop Violation (b) Notice of Requirement to Respond. A Violation Notice will state that the registered owner must pay the fine stated in the Violation Notice, if applicable, or appeal the Violation within 60 calendar days after the date of the issuance of the Violation Notice. The notice will describe the means and content of the response for payment or appeal. Payments or appeals shall be received by the Enforcing Authority by the due date listed on the Violation Notice. (7) A Camera Enforceable Violation issued pursuant to 703 CMR 6.00 shall not be: (a) made part of the driving record of the person upon whom such liability is imposed; or (b) 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 M.G.L. c.175, § 113B.