Bills · 2021-2022 Regular Session
Relating to: use of photographic or video evidence for purpose of imposing owner liability for illegally passing a school bus and providing a penalty.
Motor vehicle — Regulation School — Board School — Conveyance of pupil
- Introduced, stopped here
- Passes Assembly, not reached
- Passes Senate, not reached
- Governor signs, not reached
- Law, not reached
Unfamiliar terms? Glossary
What this bill does
Plain-language analysis by the nonpartisan Legislative Reference Bureau
This bill allows the use of photographic or video information to support the
issuance of citations for certain traffic violations related to failure to stop for a school
bus that is discharging pupils.
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. 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.