AB 561

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. A person who violates this requirement may be required to forfeit not less than $500 nor more than $1,000.

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. Currently, a person who is subject to vehicle owner liability may be required to forfeit not less than $30 nor more than $300.

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 vendor 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 vendor may prepare and deliver a report together with a picture or video of the violation to a traffic officer of the county or municipality in which the failure-to-stop violation occurred. The officer may then issue a citation as provided for a violation reported by a school bus operator. Alternately, if authorized by the municipality in which the violation occurred, the owner, operator, or third-party vendor may prepare a traffic citation and deliver it, together with a picture or video of the violation, to a traffic officer for the officer’s approval and issuance.

This bill also does all of the following:

1. Eliminates the specification of the period in which a report of a failure-to-stop violation may be made and the period in which a citation must be prepared.

2. Allows for personal service of a citation or service by mail without specification of a preferred method.

3. Provides, for a citation that may be served by mail, that service must be made by first-class mail rather than certified mail.

4. Increases the maximum forfeiture for owner liability for a failure-to-stop- violation to $500.

These four changes apply to reports made by both school bus operators and those who monitor photographic or video systems installed on school buses.

Also, under the 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.