Regular Session 2019-2020 House Bill 0364 P.N. 3908

SENATE AMENDED

PRIOR PRINTER'S NOS. 334, 1374, 1974

PRINTER'S NO. 3908

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

364

Session of

2019

INTRODUCED BY GABLER, BERNSTINE, BROWN, CIRESI, HELM, HILL-

EVANS, IRVIN, JAMES, KORTZ, McNEILL, MILLARD, MURT, OWLETT,

PICKETT, GILLEN AND HENNESSEY, FEBRUARY 4, 2019

SENATOR K. WARD, TRANSPORTATION, IN SENATE, AS AMENDED,

JUNE 9, 2020

AN ACT

Amending Title 75 (Vehicles) of the Pennsylvania Consolidated

Statutes, IN RULES OF THE ROAD IN GENERAL, FURTHER PROVIDING

FOR ENFORCEMENT OF FAILURE TO STOP FOR SCHOOL BUS WITH

FLASHING RED LIGHTS; AND, in other required equipment,

further providing for visual signals on authorized vehicles.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. Section 4572 of Title 75 of the Pennsylvania

Consolidated Statutes is amended by adding a subsection to read:

SECTION 1. SECTION 3345.1(B)(1), (C), (F)(2), (H)

INTRODUCTORY PARAGRAPH, (I) AND (M) OF TITLE 75 OF THE

PENNSYLVANIA CONSOLIDATED STATUTES ARE AMENDED, SUBSECTION (E)

IS AMENDED BY ADDING A PARAGRAPH AND THE SECTION IS AMENDED BY

ADDING SUBSECTIONS TO READ:

§ 3345.1. ENFORCEMENT OF FAILURE TO STOP FOR SCHOOL BUS WITH

FLASHING RED LIGHTS.

* * *

(B) APPLICABILITY.--

<--

(1) EXCEPT AS PROVIDED IN PARAGRAPH (2), THIS SECTION

SHALL APPLY TO [A DRIVER] 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.

* * *

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.] A CIVIL VIOLATION AND A FINE SHALL BE

IMPOSED IN THE AMOUNT OF $300. THE FINE SHALL BE DISTRIBUTED

AS FOLLOWS AFTER ADMINISTRATIVE COSTS:

(I) $250 TO THE SCHOOL DISTRICT WHERE THE VIOLATION

OCCURRED;

(II) $25 TO THE POLICE DEPARTMENT THAT REVIEWED THE

EVIDENCE PACKAGE TO DETERMINE THE VIOLATION OCCURRED; AND

(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) [(RESERVED).] A REBUTTABLE PRESUMPTION SHALL EXIST

THAT THE OWNER OF THE VEHICLE WAS THE OPERATOR AT THE TIME OF

THE ALLEGED VIOLATION.

* * *

(E) LIMITATIONS.--

20190HB0364PN3908 - 2 -

* * *

(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

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 THE VEHICLE AS LONG

AS A REASONABLE EFFORT HAS BEEN MADE TO COMPLY WITH THIS

PARAGRAPH.

* * *

(F) DEFENSES.--

* * *

(2) (I) THE PERSON NAMED IN THE CITATION SHALL NOT BE

REQUIRED TO IDENTIFY THE ACTUAL DRIVER OF THE VEHICLE AT THE

TIME THE VIOLATION OCCURRED.

(II) THE OWNER SHALL PROVIDE TO THE COURT OR VENDOR

FOR THE SCHOOL ENTITY 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.

(III) THE PRIMARY POLICE DEPARTMENT FOR THE SCHOOL

ENTITY 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

20190HB0364PN3908 - 3 -

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.

(IV) THE NOTICE REQUIRED UNDER THIS PARAGRAPH SHALL

CONTAIN THE FOLLOWING:

(A) THE INFORMATION DESCRIBED IN THE ORIGINAL

NOTICE OF VIOLATION.

(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. IF A PERSON

IDENTIFIED BY THE OWNER AS HAVING CARE, CUSTODY OR

CONTROL OF THE MOTOR VEHICLE AT THE TIME OF THE

VIOLATION, THE RESPONSIBILITY SHALL REVERT TO THE

OWNER OF THE VEHICLE.

(V) THE OWNER MAY NOT ATTEMPT TO TRANSFER

RESPONSIBILITY MORE THAN ONE TIME USING THIS PROCEDURE.

(VI) 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

PAYING THE CIVIL FINE OR CONTESTING THE VIOLATION BY

A STATED DATE THAT SHALL NOT BE LESS THAN 20 DAYS

20190HB0364PN3908 - 4 -

FROM THE MAILING OF THE NEW NOTICE.

(VII) THE PERSON RECEIVING THE NOTICE SHALL BE

RESPONSIBLE FOR PAYMENT OF THE CIVIL FINE UNLESS THE

PERSON EITHER:

(A) 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

(B) ADMITS TO BEING THE OPERATOR BUT DENIES

COMMITTING THE VIOLATION, IN WHICH CASE THE PERSON

MAY CONTEST THE NOTICE OF VIOLATION IN THE SAME

MANNER AS THE OWNER MAY CONTEST THE VIOLATION.

* * *

(G.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 STATE POLICE FOR REVIEW OF THE EVIDENCE PACKAGE FROM THE

AUTOMATED SIDE STOP SIGNAL ARM ENFORCEMENT SYSTEM.

(G.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:

(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

20190HB0364PN3908 - 5 -

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 VIEW AND AUTHORIZE THE NOTICE OF VIOLATION.

(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 ENTITY] POLICE OR

POLICE DEPARTMENT:

* * *

(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

SIDE STOP SIGNAL ARM ENFORCEMENT SYSTEM.] (RESERVED).

* * *

(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:

"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.

"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

20190HB0364PN3908 - 6 -

TRIPS.

"SCHOOL ENTITY." A SCHOOL DISTRICT, AREA [VOCATIONAL-

TECHNICAL] 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 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 2. SECTION 4572 OF TITLE 75 IS AMENDED BY ADDING A

SUBSECTION TO READ:

§ 4572. Visual signals on authorized vehicles.

* * *

(b.1) Yellow flashing or revolving lights on school

vehicles.--School vehicles may be equipped with a permanently

affixed or removable yellow flashing or revolving light, as

determined by regulation of the department. The light shall only

be activated when the vehicle is preparing to stop or is stopped

to load and unload students. NOTHING UNDER THIS SUBSECTION SHALL

BE CONSTRUED TO PERMIT AN ACTIVITY BY A DRIVER OF A SCHOOL

VEHICLE PROHIBITED UNDER SECTION 3351 (RELATING TO STOPPING,

STANDING AND PARKING OUTSIDE BUSINESS AND RESIDENCE DISTRICTS)

OR 3353 (RELATING TO PROHIBITIONS IN SPECIFIED PLACES).

* * *

Section 2 3. This act shall take effect in 60 days.

20190HB0364PN3908 - 7 -

<--