PRINTER'S NO. 1202
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1147
Session of
2023
INTRODUCED BY SCHLOSSBERG, MAKO, BENHAM, CEPEDA-FREYTIZ, DEASY,
DELOZIER, FLEMING, FLICK, GERGELY, GILLEN, GUENST, HANBIDGE,
HILL-EVANS, HOWARD, KAZEEM, M. MACKENZIE, MADDEN, MALAGARI,
MARCELL, MARSHALL, McANDREW, McNEILL, O'MARA, PARKER, PROBST,
RYNCAVAGE, SANCHEZ, SCHWEYER, SCOTT, SIEGEL, TOMLINSON AND
WEBSTER, MAY 10, 2023
REFERRED TO COMMITTEE ON TRANSPORTATION, MAY 10, 2023
AN ACT
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 for enforcement of
failure to stop for school bus with flashing red lights.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Sections 3345(a.1)(1) and 3345.1 of Title 75 of
the Pennsylvania Consolidated Statutes are amended to read:
§ 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.
Information and records captured by a side stop signal arm
enforcement system supporting a violation of subsection (a)
may be included in the report. To the extent possible, the
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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).
* * *
§ 3345.1. Enforcement of failure to stop for school bus with
flashing red lights.
(a) General rule.--A school entity 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).]
this section.
(a.1) Violation and liability.--
(1) 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 (relating to
meeting or overtaking school bus) is a violation of this
section.
(2) The owner of a motor vehicle that violates paragraph
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(1) shall be liable for the penalty imposed under subsection
(c), unless the owner is convicted of a violation of section
3345 or has a defense under subsection (f).
(b) Applicability.--
[(1) Except as provided in paragraph (2), this section
shall apply to an owner 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] Penalty.--For each violation of [section
3345 enforced under] this section, the owner of the motor
vehicle shall be [liable] subject to a penalty as follows:
(1) The penalty for the violation shall be a [civil
penalty with a] fine of $300. The fine shall be distributed
as follows:
(i) $250 to the school district where the violation
occurred, which shall be utilized for the installation,
administration or maintenance of side stop signal arm
enforcement systems, including through a system
administrator contracted with the school district, on
school buses;
(ii) $25 to the primary police department that
reviewed the evidence package [to determine the violation
occurred] as required under subsection (h.2); and
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(iii) $25 to the School Bus Safety Grant Program
Account.
(1.1) The fine under paragraph (1) shall not 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.).
[(2) A rebuttable presumption shall exist that the owner
of the vehicle was the driver at the time of the alleged
violation.
(3) For each violation under this section, the owner of
the vehicle shall be liable for the fine imposed unless the
owner is convicted of the same violation under section 3345
or has a defense under subsection (f).]
(4) A violation under this section shall not:
(i) be deemed a criminal conviction;
(ii) be made part of the operating record of the
individual upon whom the penalty is imposed under section
1535 (relating to schedule of convictions and points);
(iii) be the subject of merit rating for insurance
purposes; or
(iv) authorize imposition of surcharge points in the
provision of motor vehicle insurance coverage.
(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] primary police department
shall be prima facie evidence of the facts contained in it. The
school entity, the system administrator or the contracted
company that provides pupil transportation must include written
documentation that the side stop signal arm enforcement system
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was operating correctly at the time of the alleged violation. A
recorded image evidencing a violation of this 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
surveillance by means of recorded video images.
(ii) Recorded images collected as part of the side
stop signal arm enforcement system may only record
violations of this section [3345] and may not be used for
any other surveillance purposes, except as permitted
under subsection (l.1) and section 3345(a.1).
(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.
(1.1) (i) To the extent practical, 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
driver, the passengers or the contents of the motor
vehicle.
(ii) No [notice of liability issued under] violation
of this section may be dismissed solely because a
photograph or recorded video image allows for the
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identification of the driver, passengers or contents of
the motor vehicle as long as a reasonable effort has been
made to comply with this paragraph.
(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] are kept by the system
administrator, school entity, contracted company that
provides pupil transportation or primary 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] exclusively used for the purpose
of [discharging their duties under] enforcing this
section through side stop signal arm enforcement systems.
(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.
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(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] A system
administrator contracted with a school entity shall notify
the school entity by written notice in accordance with this
section that the records have been destroyed.
(4) Notwithstanding any other provision of law,
registered motor 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 administrator and may not be used for
any purpose other than prescribed in this section.
(5) A violation of this subsection shall constitute a
misdemeanor of the third degree punishable by a $500 fine.
Each violation shall constitute a separate and distinct
offense.
(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
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) It shall be a defense to a violation under this
section that the [person] owner named in the notice of the
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violation was not operating the motor vehicle at the time of
the violation. The owner may be required to submit evidence
that the owner was not the driver at the time of the alleged
violation. The school entity may not require the owner of the
motor vehicle to disclose the identity of the operator of the
motor vehicle at the time of the violation.
(4) If an owner receives a notice of violation under
this section of a time period during which the motor vehicle
was reported to a police department of any state or
municipality as having been stolen, it shall be a defense to
a violation under this section that the motor vehicle has
been reported to a police department as stolen prior to the
time the violation occurred and had not been recovered prior
to that time.
(5) It shall be a defense to a violation under this
section that the person receiving the notice of violation was
not the owner of the motor vehicle at the time of the
offense.
(g) [Approval] Agreements.--
(1) A school entity 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.]
system administrator to enforce this section through a side
stop signal arm enforcement system.
(2) Except as otherwise provided, an agreement under
[this section] paragraph (1) shall take effect in a school
entity by vote of the local board of school directors. The
meeting to consider approval of a side stop signal arm
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enforcement system shall be properly noticed under 65 Pa.C.S.
Ch. 7 (relating to open meetings).
(3) A school entity shall, prior to the enforcement of
this section through a side stop signal arm enforcement
system, enter into an intergovernmental agreement with a
primary police department to fulfill the requirements of
subsection (h.2). Nothing in this paragraph shall be
construed to require a primary police department to enter
into an intergovernmental agreement with a school entity.
(h) [Duty of manufacturer or vendor] Submission of violation
information.--A [manufacturer or vendor of side stop signal arm
enforcement systems] school entity, or a system administrator on
the school entity's behalf, shall submit the following
information regarding a violation of this section to the [police
or] primary police department:
(1) A copy of the recorded image showing the motor
vehicle.
(2) The license plate number and state of issuance of
the motor vehicle.
(3) The date, time and place of the alleged violation.
[(h.1) Duty of school district.--A school district may enter
into an intergovernmental agreement with the primary police
department with authority to issue violations using an automated
side stop signal arm enforcement system. The primary police
department is the police department in any municipality in which
the school district is located. If a municipality in which the
school district where the violation occurred is located does not
have its own police department, the school district may petition
the Pennsylvania State Police for review of the evidence package
from the automated side stop signal arm enforcement system.]
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(h.2) [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:] Police review required.--Upon receipt of
violation information under subsection (h), a primary police
department shall:
(1) Review submitted evidence [from the manufacturer or
vendor of a system] to determine if there is sufficient
evidence that a violation under this section [3345] occurred
and electronically certify the notice of violation.
(2) Provide information to [a] the school [district]
entity or a system administrator on the school entity's
behalf related to the [police or] primary police department's
capacity to view and authorize the notice of violation.
[(i) (Reserved).
(i.1) Notice of violation, fines and contest.--The following
shall apply:
(1) The following shall apply to notice of violation:
(i) In the case of a violation involving a vehicle
registered under the laws of this Commonwealth, the
notice of violation must be mailed within 30 days after
the commission of the violation or within 30 days after
the discovery of the identity of the registered owner,
whichever is later, and not thereafter to the address of
the registered owner as listed in the records of the
department.
(ii) In the case of vehicles registered in
jurisdictions other than this Commonwealth, the notice of
violation must be mailed within 30 days after the
discovery of the identity of the registered owner and not
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thereafter 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.
(iii) A notice of violation under this section must
be provided to an owner within 90 days of the commission
of the offense.
(iv) The notice of violation shall have attached to
it a copy of the recorded image showing the vehicle; the
registration number and state of issuance of the vehicle
registration; the date, time and place of the alleged
violation; that the violation charged is under section
3345 and instructions for return of the notice of
violation; and instructions for how to request a hearing
with the magisterial district judge for the purpose of
contesting liability or notice.
(2) The following shall apply to payment of a fine:
(i) An owner may admit responsibility for the
violation and pay the fine as indicated on the notice of
violation.
(ii) Payment of the fine shall operate as a final
disposition of the civil penalty.
(iii) If payment is not received or the owner has
not contested liability within 30 days of original
notice, the police department may turn the matter over to
the Magisterial District Judge where the violation
occurred. The Magisterial District Judge may assess
liability upon the owner for failure to pay the fine or
contest liability.
(3) The following shall apply to contesting liability or
notice:
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(i) An owner to whom a notice of violation has been
issued may, within 30 days of the mailing of the notice,
contest the liability alleged in the notice of violation
by requesting a hearing with the magisterial district
judge where the violation occurred and completing the
payment of applicable civil filing fees.
(ii) The primary police department shall file the
notice of violation and supporting documents with the
magisterial district judge where the violation occurred
and the court shall hear and decide the matter.]
(i.2) Notice of violation.--
(1) Upon certification from a primary police department
that a violation of this section has occurred as required by
subsection (h.2), a school entity or a system administrator
on the school entity's behalf shall initiate an action to
enforce this section by sending an administrative notice of
violation to the registered owner of the motor vehicle
identified by a side stop signal arm enforcement system as
violating this section.
(2) The notice of violation shall include all of the
following:
(i) A copy of the recorded image showing the motor
vehicle.
(ii) The registration number and state of issuance
of the motor vehicle registration.
(iii) The date, time and place of the alleged
violation.
(iv) Certification of the alleged violation from the
primary police department and written documentation that
the side stop signal arm enforcement system was operating
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correctly at the time of the alleged violation as
required under subsection (d).
(v) Notice that the owner is charged with a
violation of this section.
(vi) Instructions for return of the notice of
violation and payment of the fine under subsection (i.3).
(vii) Instructions for contesting the violation
under subsection (i.4).
(viii) A statement that a violation under this
section:
(A) is not deemed a criminal conviction;
(B) will not be made part of the operating
record of the individual upon whom the violation of
this section is being imposed;
(C) will not be used to determine a merit rating
for insurance purposes; and
(D) does not authorize the imposition of
surcharge points in the provision of motor vehicle
insurance coverage.
(3) A notice of violation shall be sent by first class
mail as follows:
(i) In the case of a violation involving a motor
vehicle registered under the laws of this Commonwealth,
the notice of violation must be mailed within 30 days
after the commission of the violation or within 30 days
after the discovery of the identity of the registered
owner, whichever is later, and not thereafter to the
address of the registered owner listed in the records of
the department.
(ii) In the case of motor vehicles registered in
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jurisdictions other than this Commonwealth, the notice of
violation must be mailed within 30 days after the
discovery of the identity of the registered owner and not
thereafter 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 motor vehicle.
(iii) A notice of violation under this section shall
be invalid unless provided to the registered owner within
90 days of the commission of the violation.
(iv) A manual or automatic record of mailing
prepared by a school entity or a system administrator in
the ordinary course of business shall be prima facie
evidence of mailing and shall be admissible in a judicial
or administrative proceeding as to the facts contained in
the notice of violation.
(i.3) Payment of fine.--Payment of the fine shall be as
follows:
(1) An owner may admit responsibility for the violation
and pay the fine provided in the notice of violation
personally, through an authorized agent, electronically or by
mailing both the payment and notice of violation to the
school entity, or to a system administrator on the school
entity's behalf.
(2) Payment of the fine shall operate as a final
disposition of the violation of this section.
(3) If payment is not received within 90 days of mailing
of the notice of violation, the school entity or a system
administrator on the school entity's behalf may turn the
matter over to applicable credit collection agencies.
(i.4) Contest of violation.--The procedure for contesting a
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violation of this section shall be as follows:
(1) An owner may, within 30 days of the mailing of the
notice of violation, request a hearing to contest liability
by appearing before the school entity or the system
administrator on the school entity's behalf, either
personally or by an authorized agent or by mailing a request
in writing on the prescribed form. A hearing to contest
liability may be in person or be conducted through live-
stream synchronous video conferencing or similar virtual
presence technology and shall be only at the locations and
times set by school entity or the system administrator on the
school entity's behalf.
(2) Upon receipt of a hearing request, the school entity
or the system administrator on the school entity's behalf
shall in a timely manner schedule the matter before a hearing
officer designated by the department. Written notice of the
date, time and place of hearing shall be presented or sent by
first class mail to the owner.
(3) The hearing shall be informal and the rules of
evidence shall not apply. The decision of the hearing officer
shall be final, subject to the right of the owner to appeal
the decision under paragraph (4).
(4) If the owner requests in writing an appeal of the
decision of the hearing officer, the school entity or the
system administrator on the school entity's behalf shall file
the notice of violation and supporting documents with the
office of the magisterial district judge for the magisterial
district where the violation occurred, and the magisterial
district judge shall hear and decide the matter de novo.
(5) The school entity or system administrator on the
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school entity's behalf shall reimburse the department for the
actual cost of the hearing officer designated under paragraph
(2).
(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) Any system installed prior to the effective date of
this paragraph shall obtain department approval within six
months of the effective date of the temporary regulations
promulgated under paragraph (3).
(3) 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 [five] seven years following
the effective date of this section or upon promulgation of
final regulations. The temporary regulations 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.--
(1) The School Bus Safety Grant Program Account is
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established as a restricted account in the General Fund.
Money in the account is appropriated on a continuing basis to
the department for grants under this subsection.
(2) The surcharge established under section 3345(j) and
the portion of the fine established under subsection (c)(1)
(iii) shall be deposited into the account 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[.] for the following purposes:
(i) To promote and increase school bus safety,
education and training throughout this Commonwealth.
(ii) To reimburse or pay for, in whole or in part,
education, training and other associated costs related to
the issuance of a commercial learner's permit, commercial
driver's license or school bus endorsement by the
department to an individual for the purpose of driving a
school bus in this Commonwealth.
(3) The department may pay any actual administrative
costs arising from the administration of this section out of
the fines deposited into the account. [Independent school bus
contractors and school entities are eligible for the grant.]
The department shall develop a uniform application process
and regulations to administer the grant program.
(4) Independent school bus contractors and school
entities are eligible for grants under this subsection.
(l) Contracted companies.--
(1) No contracted company that provides pupil
transportation shall be liable if a side stop signal arm
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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 school 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] school entity or a system administrator
on the school entity's behalf access to the school bus for
the purpose of repairing and maintaining a side stop signal
arm enforcement system when the school bus is not in service
at a time mutually agreeable to the contractor and [vendor]
school entity or a system administrator on the school
entity's behalf.
(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,
installation, maintenance, repair, replacement or removal of
the system.
(l.1) Construction.--Nothing in this section shall be
construed to prohibit:
(1) A school entity from supplying information captured
by a side stop signal arm enforcement system, including
photographs or recorded video images, with a written report
submitted by an operator of a school bus to a police officer
under section 3345(a.1).
(2) Information captured by a side stop signal arm
enforcement system from being admissible in a judicial
proceeding adjudicating a violation of section 3345.
(m) Definitions.--As used in this section, the following
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words and phrases shall have the meanings given to them in this
subsection unless the context clearly indicates otherwise:
"Local board of school directors." A board of directors or
other governing authority of a school entity.
["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.]
"Primary police department." Either of the following:
(1) The local police department of the municipality in
which a school entity is located if the municipality has a
police department with authority to issue citations for
violations of this title.
(2) The Pennsylvania State Police if the municipality in
which a school entity is located does not have a police
department with authority to issue citations for violations
of 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.
"School entity." A school district, area career and
technical school, intermediate unit, charter school, regional
charter school or cyber charter school.
"Side stop signal arm enforcement system" or "system." A
camera system installed on a school bus 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 this
section [3345].
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"Side stop signal arms." As described in section 4552(b.1)
(relating to general requirements for school buses).
"System administrator." A person that creates, owns or has a
license or permission to sell, lease, distribute or administer a
side stop signal arm enforcement system that, consistent with
the requirements of this section, is contracted by a school
entity to:
(1) Provide for the installation, operation and
maintenance of a side stop signal arm enforcement system on
one or more school buses within a school entity's fleet,
regardless of whether a school bus is owned, contracted or
leased by the school entity.
(2) Administer the enforcement of a violation of this
section through a side stop signal arm enforcement system on
a school entity's behalf as permitted by this section,
including maintaining and transmitting records, mailing
violation notices, processing violations and collecting fines
and administering contests of violations.
Section 2. This act shall take effect in 60 days.
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