Trial Engrossment of Amendment A10329 to Senate Bill 1098 P.N. 2093, Regular Session 2017-2018

HOUSE AMENDED

A10329

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 REPORTED FROM COMMITTEE ON TRANSPORTATION, HOUSE OF

REPRESENTATIVES, AS AMENDED, OCTOBER 9, 2018

AN ACT

Amending Title 75 (Vehicles) of the Pennsylvania Consolidated

Statutes, in 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:

§ 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

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

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a school bus with actuated red s ignal lights which is on a

different roadway.

(a.1) General rule.--A school district may install and

operate an automated side stop signal arm enforcement system for

the purpose of enforcing 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

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) .

(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 sections 1535(a) (relating to

schedule of convictions and points) and 3345.

(2) 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.).

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

of a certificate, based upon inspection of recorded images

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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 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 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

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

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operator, the passengers or the contents of the vehicle.

(ii) No 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

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

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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 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) 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).

(g) Duty of manufacturer or vendor.--A manufacturer or

vendor of automated side stop signal arm enforcement systems

shall

submit the following information to the police department

with primary jurisdiction over the area where a violation of

this section occurred:

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(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.

(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.

(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).

(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. 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 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

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grant. The department shall develop a uniform application

process and regulations to administer the grant program.

(k) 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.

(l) 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

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

automated 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 arms." As described in section 4552(b.1)

(relating to general requirements for school buses).

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

SECTION 1. SECTION 3345(A.1)(1) AND (J) 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. 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

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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)

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:

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

FLASHING RED LIGHTS.

(A) GENERAL RULE.--A SCHOOL DISTRICT 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).

(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).

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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 entity 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

VIOLATIONS OF SECTION 3345 AND MAY NOT BE USED FOR ANY

OTHER SURVEILLANCE PURPOSES.

(III) RESTRICTIONS UNDER THIS PARAGRAPH SHALL NOT BE

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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

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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 entity 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

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

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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 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.

(2) EXCEPT AS OTHERWISE PROVIDED, AN AGREEMENT UNDER

THIS SECTION SHALL TAKE EFFECT IN A SCHOOL DISTRICT entity BY

VOTE OF THE local 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 entity :

(1) A COPY OF THE RECORDED IMAGE SHOWING THE VEHICLE.

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(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

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) 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).

(2) (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 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 .

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(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 entities 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

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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,

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:

"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

TRIPS.

" School entity." A school district, area vocational-

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).

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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. § 3345.1(J).

(2) THE REMAINDER OF THIS ACT SHALL TAKE EFFECT IN SIX

MONTHS.

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