Regular Session 2017-2018 Senate Bill 1098 P.N. 1623

PRINTER'S NO. 1623

THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

No.

1098

Session of

2018

INTRODUCED BY BROWNE, RAFFERTY, WHITE, RESCHENTHALER,

TARTAGLIONE, SCAVELLO, COSTA, YUDICHAK, BREWSTER, REGAN,

AUMENT, BAKER AND KILLION, APRIL 6, 2018

REFERRED TO TRANSPORTATION, APRIL 6, 2018

AN ACT

Amending Title 75 (Vehicles) of the Pennsylvania Consolidated

Statutes, in enforcement, providing for automated enforcement

of failure to stop for school bus with flashing red lights

and establishing the School Bus Safety Grant Program Fund.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. Title 75 of the Pennsylvania Consolidated

Statutes is amended by adding a section to read:

§ 6314. Automated enforcement of failure to stop for school bus

with flashing red lights.

(a) General rule.--A school district may install and operate

an automated side stop signal arm enforcement system for the

purpose of enforcing the provisions of section 3345(a) (relating

to meeting or overtaking school bus).

(b) Applicability.--

(1) Except as provided in paragraph (2), this section

shall apply to a driver of a motor vehicle meeting or

overtaking a school bus stopped on a highway or trafficway

when the red signal lights on the school bus are flashing and

the side stop signal arms are activated as described in

section 3345(a) and (f.1).

(2) Nothing in this section shall supersede the

provisions of:

(i) Section 3105(h) (relating to drivers of

emergency vehicles).

(ii) Section 3345 (c) or (d).

3345(a), the owner or owners of the motor vehicle shall be

liable as follows:

(1) The penalty for a violation under subsection (a)

shall be as provided in section 3345.

(2) A fine is not authorized for a violation of this

section if the exceptions provided under section 3345(g) are

met.

(3) Fines collected under this section shall be subject

to 42 Pa.C.S. § 3571 (relating to Commonwealth portion of

fines, etc.) or 3573 (relating to municipal corporation

portion of fines, etc.).

(4) Violations resulting in a homicide by vehicle under

section 3732 (relating to homicide by vehicle) shall be

subject to the penalties provided under that section.

(d) Certificate as evidence.--A certificate, or a facsimile

of a certificate, based upon inspection of recorded images

produced by an automated side stop signal arm enforcement system

and sworn to or affirmed by a police officer shall be prima

facie evidence of the facts contained in it. The city of the

first class must include written documentation that the

automated side stop signal arm enforcement system was operating

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correctly at the time of the alleged violation. A recorded image

evidencing a violation of section 3345(a) shall be admissible in

any judicial or administrative proceeding to adjudicate the

liability for the violation.

(e) Limitations.--

(1) (i) Notwithstanding any other provision of law,

equipment deployed as part of an automated side stop

signal arm enforcement system as provided under this

section must be incapable of automated or user-controlled

remote intersection surveillance by means of recorded

video images.

(ii) Recorded images collected as part of the

automated side stop signal arm enforcement system may

only record traffic violations and may not be used for

any other surveillance purposes.

(iii) Restrictions under this paragraph shall not be

deemed to preclude a court of competent jurisdiction from

issuing an order directing that the information be

provided to law enforcement officials if the information

is reasonably described and is requested solely in

connection with a criminal law enforcement action.

(2) (i) To the extent practicable, an automated side

stop signal arm enforcement system shall use necessary

technologies to ensure that photographs or recorded video

images produced by the system shall not identify the

operator, the passengers or the contents of the vehicle.

(ii) No notice of liability issued under this

section may be dismissed solely because a photograph or

recorded video image allows for the identification of the

operator, passengers or contents of a vehicle as long as

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a reasonable effort has been made to comply with this

paragraph.

(3) (i) Notwithstanding any other provision of law,

information prepared under this section and information

relating to violations under this section which is kept

by the department of the police officer having the

authority to exercise police power in the area where the

violation occurred, its authorized agents or employees,

including recorded images, written records, reports or

facsimiles, names, addresses and the number of violations

under this section, shall be for the exclusive use of the

department of the police officer having the authority to

exercise police power in the area where the violation

occurred, its authorized agents or employees and law

enforcement officials for the purpose of discharging

their duties under this section.

(ii) The information shall not be deemed a public

record under the act of February 14, 2008 (P.L.6, No.3),

known as the Right-to-Know Law.

(iii) The information may be discoverable by court

order or otherwise and may be offered in evidence in any

action or proceeding which is directly related to a

violation of this section or any other violation in

connection with a criminal law enforcement action.

(4) Images obtained through the use of an automated side

stop signal arm enforcement system shall be destroyed within

one year of final disposition of the recorded event. The

vendor of an automated side stop signal arm enforcement

system shall notify the department by written notice in

accordance with this section that the records have been

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destroyed.

(5) Notwithstanding any other provision of law,

registered vehicle owner information obtained as a result of

the operation of an automated side stop signal arm

enforcement system shall not be the property of the

manufacturer or vendor of the system and may not be used for

any purpose other than prescribed in this section.

(f) Defenses.--

(1) It shall be a defense to a prosecution using an

automated side stop signal arm enforcement system for a

violation under section 3345 that the person named in the

notice of the violation was not operating the vehicle at the

time of the violation. The owner shall be required to submit

evidence that the owner was not the driver at the time of the

alleged violation.

(2) The person named in the notice of violation may have

the opportunity to identify the actual driver of the vehicle

at the time the violation occurred.

(3) (i) The owner shall provide to the court or vendor

for the governing body a sworn affidavit signed under penalty

of perjury containing the name and address of the person who

had care, custody or control of the motor vehicle, including

an employee of the owner or the person who was renting or

leasing the motor vehicle at the time of the alleged

violation.

(ii) The court or vendor for the governing body

shall mail or electronically transfer a notice of the

citation to the person identified as having the care,

custody or control of the motor vehicle at the time of

the violation. The proof required under this section

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creates a rebuttable presumption that the person having

the care, custody or control of the motor vehicle at the

time of the violation was the operator of the motor

vehicle at the time of the violation.

(iii) The notice required under this paragraph shall

contain the following:

(A) The information described in subsection (j)

(1).

(B) A statement that the person receiving the

notice was identified by the owner of the motor

vehicle as the person having the care, custody or

control of the motor vehicle at the time of the

violation.

defense as described in this subsection or in

subsection (d). If the person identified by the owner

as having care, custody or control of the vehicle

disclaims having care, custody or control of the

vehicle at the time of the violation, the

responsibility shall revert to the owner of the

vehicle.

(iv) The owner may not attempt to transfer

responsibility more than one time using this procedure.

(v) If a person other than the owner denies the

person was the operator and declines responsibility, a

new notice shall be issued to the owner which shall

include the following:

(A) a statement that the other person declined

responsibility; and

(B) a provision allowing for the option of

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paying the civil fine or contesting the violation by

a stated date that shall be not less than 20 days

from the mailing of the new notice.

(4) The person receiving the notice shall be responsible

for payment of the civil fine unless the person either:

(i) timely returns a signed statement on a form

provided with the notice of violation that the person was

not the operator and declining responsibility, in which

case responsibility for the violation shall revert to the

owner; or

(ii) admits to being the operator but denies

committing a violation, in which case the person may

contest the notice of violation in the same manner as the

owner may contest the violation.

(5) If the owner receives a notice of violation under

section 3345 of a time period during which the vehicle was

reported to the police department of any state or

municipality as having been stolen, it shall be a defense to

the violation that the vehicle has been reported to a police

department as stolen prior to the time the violation occurred

and has not been recovered prior to that time.

(6) It shall be a defense to a prosecution using an

automated side stop signal arm enforcement system for a

violation under section 3345 that the person receiving the

notice of violation was not the owner of the vehicle at the

time of the offense if the person can provide valid

documentation of nonownership.

(g) Approval.--

(1) A school district may enter into an agreement with a

private vendor or manufacturer to provide an automated side

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stop signal arm enforcement system on each bus within its

fleet, whether owned or leased, up to and including the

installation, operation and maintenance of the systems.

(2) Except as otherwise provided, an agreement under

this section shall take effect in a school district by vote

of the board of school directors. The meeting to consider

approval of an automated side stop signal arm enforcement

system shall be properly noticed under 65 Pa.C.S. Ch. 7

(relating to open meetings).

(h) Duty of school district or contracted company to provide

school transportation.--

(1) A school district or contracted company that

provides school transportation shall enter into an

intergovernmental agreement with the primary police

department with authority to issue violations using an

automated side stop signal arm enforcement system.

(2) A school district operating an automated side stop

signal arm enforcement system shall conduct a statistical

analysis to assess the safety impact of the system. The

statistical analysis, notwithstanding whether the analysis is

completed independently or with a manufacturer or vendor of

an automated side stop signal arm enforcement system, shall:

(i) Be based upon the best available crash, traffic

and other data.

(ii) Include any additional information deemed of

interest or importance by the school district.

(iii) Be conducted no later than 12 months after the

installation of the system.

(iv) Be made available to the public and published

on the school district's publicly accessible Internet

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website.

(v) Be submitted to the department.

(3) Provide a list of all approved bus stop locations to

the police officer or department charged with reviewing the

violations and the manufacturer or vendor.

(i) Duty of police and police department.--Police officers

and police departments enforcing violations of section 3345 and

using automated side stop signal arm enforcement systems shall:

(1) Review submitted evidence from the manufacturer or

vendor of a system to determine if there is sufficient

evidence that a violation under section 3345 occurred and

electronically certify the notice of violation.

(2) Provide information to a school district or

contracted company that provides school transportation with

information related to the police or police department's

capacity to review and authorize the notice of violation.

(j) Duty of the manufacturer or vendor.--A manufacturer or

vendor of automated side stop signal arm enforcement systems

shall:

(1) Prepare a notice of violation to the registered

owner of a vehicle identified in a recorded image or video

link produced by a system as evidence of a violation of

section 3345 upon authorization of the police officer

employed by the police department with primary jurisdiction

over the area where the violation occurred. The notice of

violation must have attached to it all of the following:

(i) A copy of the recorded image showing the

vehicle.

(ii) The license plate number and state of issuance

of the motor vehicle.

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(iii) The date, time and place of the alleged

violation.

(iv) Notice that the violation charged is under

section 3345.

(v) Instructions for return of the notice of

violation.

(vi) Instructions for the registered owner to

identify the driver of the vehicle at the time of the

violation by way of an affidavit of nonliability.

(2) The text of the notice must be as follows:

This notice shall be returned personally, by mail or

by an agent duly authorized in writing or

electronically within 30 days of issuance. A hearing

may be obtained upon the written request of the

registered owner.

(3) Process fines issued under this section.

(4) Receive affidavits of nonliability in order to

update the violation and send to the primary police

department with authority to issue violations under section

3345 to approve the change.

(5) Preclude the issuance of any violation occurring in

a location where the use of the system is not authorized,

including, but not limited to, emergency vehicles.

(k) Notice to owner.--

(1) In the case of a violation involving a motor vehicle

registered under the laws of this Commonwealth, the notice of

violation shall be mailed within 60 days after the commission

of the violation or within 60 days after the discovery of the

identity of the registered owner, whichever is later, to the

address of the registered owner as listed in the records of

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the department.

(2) In the case of motor vehicles registered in

jurisdictions other than this Commonwealth, the notice of

violation shall be mailed within 60 days after the discovery

of the identity of the registered owner to the address of the

registered owner as listed in the records of the official in

the jurisdiction having charge of the registration of the

vehicle.

(l) Mailing of notice and records.--

(1) A notice of violation shall be sent by first class

mail.

(2) A manual or automatic record of mailing prepared by

the manufacturer or vendor in the ordinary course of business

shall be prima facie evidence of mailing and shall be

admissible in any judicial or administrative proceeding as to

the facts contained in it.

(m) Payment of fine.--

(1) An owner to whom a notice of violation has been

issued may admit responsibility for the violation and pay the

fine provided in the notice.

(2) (i) Payment must be made personally, through an

authorized agent, electronically or by mailing both

payment and the notice of violation to the manufacturer

or vendor of an automated side stop signal arm

enforcement system. Payment by mail must be made only by

money order, credit card or check made payable to the

court or governing body.

(ii) The court or the vendor on behalf of the

governing body shall distribute the fine, less the

operation and maintenance costs necessitated under this

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section, as provided under 42 Pa.C.S. §§ 3571 and 3573.

(n) Hearing.--

(1) An owner to whom a notice of violation has been

issued may, within 30 days of the mailing of the notice,

request in writing a hearing to contest the liability alleged

in the notice before a magisterial district judge.

(2) The manufacturer or vendor of an automated side stop

signal arm enforcement system shall file the notice of

violation and supporting documents with the magisterial

district judge, who shall hear and decide the matter de novo.

(o) Compensation to manufacturer or vendor.--The

compensation paid to the manufacturer or vendor of the automated

side stop signal arm enforcement system may not be based on the

number of citations issued. The compensation paid to the

manufacturer or vendor of the equipment shall be based upon the

value of the equipment and services provided or rendered in

support of the automated side stop signal arm enforcement

system.

(p) Enforcement.--

(1) If a violation has not been contested and the

assessed penalty has not been paid, the vendor or governing

body shall send to the person who is the owner of the motor

vehicle a final notice of any unpaid civil fine authorized by

law, except in cases where there is an adjudication that no

violation occurred or there is otherwise a lawful

determination that no civil penalty shall be imposed. The

notice shall inform the owner of the following:

(i) The governing body or vendor will send a

referral to the department if the assessed penalty is not

paid within 30 days after the final notice is mailed.

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(ii) The referral will result in the nonrenewal of

the registration of the motor vehicle, cause the title of

the vehicle involved in the violation to not be

transferred and cause the person held responsible for the

violation to be ineligible to obtain or renew a driver's

license if the assessed penalty is not paid.

(2) The governing body or vendor shall send a referral

to the department not sooner than 30 days after the final

notice required under paragraph (1) is mailed if a violation

of an ordinance or resolution adopted under this act has not

been contested and the assessed penalty has not been paid.

The referral to the department shall include the following:

(i) Any information known or available to the vendor

or governing body concerning the license plate number and

year of registration and the name of the owner of the

motor vehicle.

(ii) The date on which the violation occurred.

(iii) The date when the notice required under this

section was mailed.

(iv) The seal, logo, emblem or electronic seal of

the governing body.

(3) If the department receives a referral under

paragraph (2), the referral shall be entered into the motor

vehicle database within five days of receipt. The department

shall refuse to renew the registration of the motor vehicle

and the title of the vehicle involved in the violation may

not be transferred. The person held responsible for the

violation shall be ineligible to obtain or renew a driver's

license, unless and until the civil fine plus any late fee is

paid to the governing body.

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(4) The department shall mail a notice to the person in

whose name the vehicle is registered that informs the person

of the following:

(i) The registration of the vehicle involved in the

violation will not be permitted to be renewed.

(ii) The title of the vehicle involved in the

violation will not be permitted to be transferred.

(iii) The person held responsible for the violation

will be ineligible to obtain or renew a driver's license.

(iv) The penalties under this section are being

imposed due to the failure to pay the civil fine for an

ordinance violation adopted under the authority of this

section.

(v) That there is a procedure to remove the

penalties and a brief explanation of the procedure.

(5) The department shall remove the penalties of a

vehicle and vehicle owner if any person presents the

department with adequate proof that the penalty and any

imposed reinstatement fee, if applicable, have been paid.

(6) Any State or county official charged with issuance

or transfer of vehicle licenses or titles or issuance of

drivers' licenses may not issue or renew the vehicle license,

issue or transfer the title of the vehicle or issue or renew

the driver's license of the responsible person if the

official has notice that a civil fine authorized by this

section is unpaid. If the governing body has given a notice

of nonpayment to the appropriate licensing official under

paragraph (2) and when thereafter the civil fine has been

paid, the governing body shall transmit notice of the payment

to the appropriate licensing official.

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(q) School Bus Safety Grant Program.-- The School Bus Safety

Grant Program Fund is established as a restricted receipts

account in the Motor License Fund. Fines collected under

subsection (c)(1) and deposited in accordance with 42 Pa.C.S. §

3571 shall be deposited into the fund and shall be used by the

department to implement the School Bus Safety Grant Program,

which is established to promote and increase school bus safety

education and training throughout this Commonwealth. Independent

school bus contractors are eligible for the grant. The

department shall develop a uniform application process and

regulations to administer the grant program.

(r) Contracted companies.--

(1) No contracted company that provides school

transportation shall be liable if an automated side stop

signal arm enforcement system is vandalized or otherwise

malfunctions.

(2) Nothing in this section shall be construed to

require a contracted company that provides school

transportation to take a bus out of service due to a

nonfunctioning automated side stop signal arm enforcement

system , except that a contracted company shall allow the

manufacturer or vendor of the automated side stop signal arm

enforcement system access to the bus when the bus is not in

service at a time mutually agreeable to the contractor and

vendor .

(3) Independent school bus contractors shall not be held

responsible for costs associated with the automated side stop

signal arm enforcement system, including, but not limited to,

installation, maintenance, repair, replacement or removal of

the system.

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(s) Definitions.--As used in this section, the following

words and phrases shall have the meanings given to them in this

subsection unless the context clearly indicates otherwise:

"Automated side stop signal arm enforcement system" or

"system." A camera system with two or more camera sensors and

computers that produce recorded video and two or more film or

digital photographic still images of a motor vehicle being used

or operated in a manner that violates section 3345(a).

"Manufacturer" or "vendor." A company that creates, owns or

has a license or permission to sell, lease or distribute an

automated side stop signal arm enforcement system.

"Police officer" or "police department." A State, county or

municipal full-time law enforcement officer or agency with the

power to issue citations for violations under this title.

"Pupil transportation." The transport of resident pupils of

a school district to and from preprimary, primary or secondary

schools and students to or from public, private or parochial

schools. The term does not include transportation for field

trips.

"Side stop signal arms." As described in section 4552(b.1)

(relating to general requirements for school buses).

"Violation certificate." A certificate, or a facsimile of a

certificate, based upon inspection of recorded images or video

produced by an automated side stop signal arm enforcement system

and sworn to or affirmed by a police officer having the

authority to exercise police power in the area where the

violation occurred as described in section 3345(a.1)(2).

Section 2. This act shall take effect in 60 days.

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