AB 352

Current law generally requires the driver of a vehicle approaching a school bus

that is stopped on a highway and that is displaying flashing red warning lights to

stop the vehicle not less than 20 feet from the bus and to remain stopped until the

bus resumes motion or the school bus operator extinguishes the warning lights.

Current law also imposes liability on the owner of a vehicle that fails to stop as

required for a school bus displaying flashing red warning lights (failure-to-stop

violation). If a school bus operator observes a failure-to-stop violation, the school

bus operator may prepare a written report that includes specified information.

Within 24 hours after the violation, the school bus operator may deliver this report

to a traffic officer of the county or municipality in which the failure-to-stop violation

occurred. Within 48 hours after receiving the report, the traffic officer may prepare

a uniform traffic citation for the owner of the vehicle that failed to stop and may

personally serve it on the owner. If with reasonable diligence the owner cannot be

personally served, substitute service may be made by leaving a copy of the citation

at the owner's usual place of abode with a family member at least 14 years of age.

If with reasonable diligence the owner cannot be personally served and substitute

service cannot be accomplished, or if the owner lives outside of the jurisdiction of the

law enforcement agency issuing the citation, service may be made by certified mail

addressed to the owner's last-known address. Certain defenses may be asserted

against owner liability for the failure-to-stop violation. The owner of a vehicle

involved in a failure-to-stop violation may be required to forfeit not less than $30

nor more than $300, but is not subject to the suspension or revocation of his or her

operating privilege or the assessment of any demerit points on his or her driving

record.

Under this bill, the initial service of a citation for being the owner of a vehicle

involved in a failure-to-stop violation may be made by personally serving the

citation on the vehicle owner or by serving the citation by certified mail addressed

to the owner's last-known address.