Use of photographic or video evidence for purpose of imposing owner liability for illegally passing a school bus and providing a penalty

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. The citation may be served on the owner personally, by leaving a copy of the citation at the owner's usual place of abode, or by certified mail.

Under this bill, if a school bus is equipped with a photographic or video system and the owner or operator of the bus or a third party that monitors the photographic or video system detects a failure-to-stop violation by use of the photographic or video system, the owner, operator, or third party may prepare and deliver a uniform traffic citation to a traffic officer of the county or municipality in which the failure-to-stop violation occurred. The officer must then review the citation and may complete and serve the citation on the owner of the vehicle that failed to stop.

This bill also extends the period in which a report of a failure-to-stop violation may be made from 24 hours after the violation to 15 days after the violation and extends the period in which a traffic officer may prepare a traffic violation from 48 hours after receiving a report to 15 days after receiving a report. Also, for a citation that may be served by mail, service may be made by the officer or by the officer's designee and service may be made by first class mail or by certified mail.

Currently a person who fails to properly stop for a school bus that is stopped on a highway and that is displaying flashing red warning lights or who is subject to vehicle owner liability for such a violation may be required to forfeit not less than $30 nor more than $300. This bill increases the minimum forfeiture for each violation to $200.

Also under this bill, a school board may directly or indirectly by entering into a contract with a third party install and monitor photographic or video systems on school buses for the purpose of recording evidence of failure-to-stop violations.