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. 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.