S1098B2030A10072 BIL:JMT 10/09/18 #90 A10072
AMENDMENTS TO SENATE BILL NO. 1098
Sponsor: REPRESENTATIVE TAYLOR
Printer's No. 2030
Amend Bill, page 1, lines 1 through 5, by striking out all of
said lines and inserting
Amending Title 75 (Vehicles) of the Pennsylvania Consolidated
Statutes, in rules of the road in general, further providing
for meeting or overtaking school bus and providing for
enforcement of failure to stop for school bus with flashing
red lights.
Amend Bill, page 1, lines 8 through 19; pages 2 through 17,
lines 1 through 30; page 18, lines 1 through 24; by striking out
all of said lines on said pages and inserting
Section 1. Section 3345(a.1)(1) and (j) of Title 75 of the
Pennsylvania Consolidated Statutes are amended to read:
ยง 3345. Meeting or overtaking school bus.
* * *
(a.1) Reports by school bus operators.--
(1) The operator of a school bus who observes a
violation of subsection (a) may prepare a signed, written
report which indicates that a violation has occurred. To the
extent possible, the report shall include the following
information:
(i) Information, if any, pertaining to the identity
of the alleged violator.
(ii) The license number and color of the vehicle
involved in the violation.
(iii) The time and approximate location at which the
violation occurred.
(iv) Identification of the vehicle as an automobile,
station wagon, motor truck, motor bus, motorcycle or
other type of vehicle.
(v) Whether the school bus is equipped with a side
stop signal arm enforcement system under section 3345.1
(relating to enforcement of failure to stop for school
bus with flashing red lights).
* * *
(j) Penalty.--A person who violates subsection (a) or (f.1)
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commits a summary offense and shall, upon conviction, be
sentenced to pay a fine of $250[.] and a $35 surcharge. The
surcharge shall be deposited into the School Bus Safety Grant
Program Fund .
Section 2. Title 75 is amended by adding a section to read:
ยง 3345.1. Enforcement of failure to stop for school bus with
flashing red lights.
(a) General rule.--A school district may install and operate
a side stop signal arm enforcement system for the purpose of
enforcing the provisions of section 3345 (relating to meeting or
overtaking school bus) as reported under section 3345(a.1).
(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.
(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).
(c) Liability.--For each violation of section 3345 enforced
under this section, the driver of the motor vehicle shall be
liable as follows:
(1) The penalty for the violation shall be as provided
in sections 1535(a) (relating to schedule of convictions and
points) and 3345.
(2) (Reserved).
(d) Certificate as evidence.--A certificate, or a facsimile
of a certificate, based upon inspection of recorded images
produced by a 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 school district or the
contracted company that provides pupil transportation must
include written documentation that the side stop signal arm
enforcement system was operating correctly at the time of the
alleged violation. A recorded image evidencing a violation of
section 3345 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 a 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 side
stop signal arm enforcement system may only record
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violations of section 3345 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) Notwithstanding any other provision of law,
information prepared under this section and information
relating to violations of section 3345 enforced under
this section which is kept by the police 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 section 3345 enforced under this section or
any other violation in connection with a criminal law
enforcement action.
(3) Images obtained through the use of a side stop
signal arm enforcement system shall be destroyed within one
year of final disposition of the recorded event. The vendor
of a side stop signal arm enforcement system shall notify the
school district by written notice in accordance with this
section that the records have been destroyed.
(4) Notwithstanding any other provision of law,
registered vehicle owner information obtained as a result of
the operation of a 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 a side
stop signal arm enforcement system for a violation under
section 3345 that the person named in the citation was not
operating the vehicle at the time of the violation. The
person shall be required to submit evidence to the court that
the person was not the driver at the time of the alleged
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violation.
(2) The person named in the citation shall not be
required to identify the actual driver of the vehicle at the
time the violation occurred.
(3) (i) The owner of a rented or leased motor vehicle
shall provide to the court 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 at the time of the alleged violation.
(ii) The court may mail or electronically transfer
the information contained in the sworn affidavit to the
police department with jurisdiction for further
investigation.
(4) If the person receives a citation 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.
(5) It shall be a defense to a prosecution using a side
stop signal arm enforcement system for a violation under
section 3345 that the person receiving the citation was not
the owner of the vehicle at the time of the offense if the
person can provide valid documentation of nonownership to the
court.
(g) Approval.--
(1) A school district may enter into an agreement with a
private vendor or manufacturer to provide a side stop signal
arm enforcement system on each bus within its fleet, whether
owned, contracted 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 a side stop signal arm enforcement system shall
be properly noticed under 65 Pa.C.S. Ch. 7 (relating to open
meetings).
(h) Duty of manufacturer or vendor.--A manufacturer or
vendor of side stop signal arm enforcement systems shall submit
the following information to the school district:
(1) A copy of the recorded image showing the vehicle.
(2) The license plate number and state of issuance of
the motor vehicle.
(3) The date, time and place of the alleged violation.
(i) Compensation to manufacturer or vendor.--The
compensation paid to the manufacturer or vendor of the 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
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side stop signal arm enforcement system.
(j) Department approval.--
(1) No side stop signal arm enforcement system may be
used without the approval of the department, which shall have
the authority to promulgate regulations for the certification
and use of such systems.
(2) In order to facilitate the prompt implementation of
this section, regulations promulgated by the department under
this section during the two years following the effective
date of this section shall be deemed temporary regulations,
which shall expire no later than three years following the
effective date of this section or upon promulgation of final
regulations. The temporary regulation shall not be subject
to:
(i) Sections 201, 202, 203, 204 and 205 of the act
of July 31, 1968 (P.L.769, No.240), referred to as the
Commonwealth Documents Law.
(ii) The act of June 25, 1982 (P.L.633, No.181),
known as the Regulatory Review Act.
(iii) Section 204 (b) of the act of October 15, 1980
(P.L.950, No.164), known as the Commonwealth Attorneys
Act.
(k) School Bus Safety Grant Program.-- The School Bus Safety
Grant Program Fund is established as a restricted receipts
account in the Motor License Fund. The surcharge established
under section 3345(j) 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. The department shall award school bus safety
grants on a competitive basis. The department may pay any actual
administrative costs arising from the administration of this
section out of the fines deposited into the fund. Independent
school bus contractors and school districts are eligible for the
grant. The department shall develop a uniform application
process and regulations to administer the grant program.
(l) Contracted companies.--
(1) No contracted company that provides pupil
transportation shall be liable if a 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 pupil
transportation to take a bus out of service due to a
nonfunctioning side stop signal arm enforcement system ,
except that a contracted company shall allow the manufacturer
or vendor of the 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 side stop signal
arm enforcement system, including, but not limited to,
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installation, maintenance, repair, replacement or removal of
the system.
(m) 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:
"Manufacturer" or "vendor." A company that creates, owns or
has a license or permission to sell, lease or distribute a side
stop signal arm enforcement system.
"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 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.
"Side stop signal arms." As described in section 4552(b.1)
(relating to general requirements for school buses).
Section 3. This act shall take effect as follows:
(1) The following provisions shall take effect
immediately:
(i) This section.
(ii) The addition of 75 Pa.C.S. ยง 3345.1(j).
(2) The remainder of this act shall take effect in six
months.
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