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A10072
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
AS AMENDED ON THIRD CONSIDERATION, SEPTEMBER 25, 2018
AN ACT
Amending Title 75 (Vehicles) of the Pennsylvania Consolidated
Statutes, in enforcement RULES OF THE ROAD IN GENERAL,
providing for automated enforcement of failure to stop for
school bus with flashing red lights and establishing the
School Bus Safety Grant Program Fund.
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.
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 3345.1 . Automated enforcement of failure to stop for
school bus with flashing red lights.
(A) MEETING OR OVERTAKING SCHOOL BUS .--
(1) EXCEPT AS PROVIDED IN PARAGRAPH (5), THE DRIVER OF A
VEHICLE MEETING OR OVERTAKING ANY SCHOOL BUS STOPPED ON A
HIGHWAY OR TRAFFICWAY SHALL STOP AT LEAST 10 FEET BEFORE
REACHING THE SCHOOL BUS WHEN THE RED SIGNAL LIGHTS ON THE
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SCHOOL BUS ARE FLASHING AND THE SIDE STOP SIGNAL ARMS ARE
ACTIVATED UNDER SECTION 4552(B.1) (RELATING TO GENERAL
REQUIREMENTS FOR SCHOOL BUSES). THE DRIVER SHALL NOT PROCEED
UNTIL THE FLASHING RED SIGNAL LIGHTS ARE NO LONGER ACTUATED.
IN NO EVENT SHALL A DRIVER OF A VEHICLE RESUME MOTION OF THE
VEHICLE UNTIL THE SCHOOL CHILDREN WHO MAY HAVE ALIGHTED FROM
THE SCHOOL BUS HAVE REACHED A PLACE OF SAFETY. THE DRIVER OF
A VEHICLE APPROACHING AN INTERSECTION AT WHICH A SCHOOL BUS
IS STOPPED SHALL STOP HIS VEHICLE AT THAT INTERSECTION UNTIL
THE FLASHING RED SIGNAL LIGHTS ARE NO LONGER ACTUATED.
(2) THE OPERATOR OF A SCHOOL BUS WHO OBSERVES A
VIOLATION OF PARAGRAPH (1) MAY PREPARE A REPORT AS PROVIDED
UNDER SECTION 3345(A.1) (RELATING TO MEETING OR OVERTAKING
SCHOOL BUS).
(3) THE DRIVER OF A VEHICLE MEETING OR OVERTAKING ANY
SCHOOL BUS SHALL PROCEED PAST THE SCHOOL BUS WITH CAUTION AND
SHALL BE PREPARED TO STOP WHEN THE AMBER SIGNAL LIGHTS ARE
FLASHING.
(4) WHENEVER A SCHOOL BUS IS BEING USED UPON A HIGHWAY
OR TRAFFICWAY FOR THE TRANSPORTATION OF DISABLED PERSONS
EXCLUSIVELY AND THE SCHOOL BUS IS EQUIPPED WITH RED SIGNAL
LIGHTS, THE DRIVER OF THE SCHOOL BUS MAY ACTUATE THE SIGNAL
LIGHTS IN THE SAME MANNER AS SET FORTH IN THIS SECTION
REGARDING THE TRANSPORTATION OF SCHOOL CHILDREN. THE DRIVER
OF A VEHICLE APPROACHING THE SCHOOL BUS SHALL HAVE THE SAME
DUTIES REGARDING STOPPING, PASSING AND OVERTAKING AS HE DOES
WITH RESPECT TO A SCHOOL BUS CARRYING SCHOOL CHILDREN.
(5) THE DRIVER OF A VEHICLE UPON A HIGHWAY OR TRAFFICWAY
WITH SEPARATE ROADWAYS NEED NOT STOP UPON MEETING OR PASSING
A SCHOOL BUS WITH ACTUATED RED S IGNAL LIGHTS WHICH IS ON A
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DIFFERENT ROADWAY.
(a) (A.1) 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) SUBSECTION (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(a) and (f.1) SUBSECTION (A)(1) AND (5) .
(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) (RELATING TO MEETING OR
OVERTAKING SCHOOL BUS) .
(c) Owner liability.--For each violation under section
3345(a) SUBSECTION (A)(1) , 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 SECTIONS 1535(A) (RELATING TO
SCHEDULE OF CONVICTIONS AND POINTS) AND 3345.
(2) A fine is not authorized for a violation of this
section if the exceptions provided under section 3345(g) are
met.
(3) (2) Fines collected under this section shall be
subject to 42 Pa.C.S. § 3571 (relating to Commonwealth
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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 SCHOOL DISTRICT OR CONTRACTED COMPANY must include
written documentation that the automated 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(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 OF THIS SECTION 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
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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 CITATION 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 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 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
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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 SCHOOL DISTRICT by written
notice in accordance with this section that the records have
been 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
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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
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.
(C) A statement that a person may offer a
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
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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
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
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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) (F) Approval.--
(1) A school district may enter into an agreement with a
private vendor or manufacturer to provide an automated side
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
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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
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) (G) Duty of the manufacturer or vendor.--A manufacturer
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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.
(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
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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
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.--
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(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
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.
SUBMIT THE FOLLOWING INFORMATION TO THE POLICE DEPARTMENT
WITH PRIMARY JURISDICTION OVER THE AREA WHERE A VIOLATION OF
THIS SECTION OCCURRED:
(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.
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(o) (H) 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.
(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
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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.
(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
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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.
(I) ENFORCEMENT.--UPON RECEIPT OF NOTICE OF CONVICTION OF
THE VIOLATION, THE DEPARTMENT SHALL SUSPEND THE OPERATING
PRIVILEGES OF THE PERSON DETERMINED TO HAVE RESPONSIBILITY FOR
THE VIOLATION OF THIS SECTION AND ASSESS POINTS TO THE DRIVING
RECORD AS PROVIDED UNDER SECTION 1535(A).
(q) (J) 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 FIFTY PERCENT
OF THE FINES collected under subsection (c)(1) and deposited in
accordance with 42 Pa.C.S. § 3571 shall be deposited into the
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