§ 3345.1 — Automated enforcement of failure to stop for school bus with flashing red lights
This text of Pennsylvania § 3345.1 (Automated enforcement of failure to stop for school bus with flashing red lights) is published on Counsel Stack Legal Research, covering Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
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(a) General rule.--A school entity may install and operate a side stop signal arm enforcement system for the purpose of enforcing 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 (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). For the purposes of this section, the lessee of a leased vehicle shall be considered the owner of a motor vehicle.
(b) Applicability.--
(1) (Deleted by amendment).
(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) Penalty.--For each violation of this section, the owner of the motor vehicle shall be subject to a penalty as follows:
(1) The penalty for the violation shall be a fine of $300. The fine shall be distributed as follows:
(i) $250 to the school entity where the violation occurred and which authorized the use of a side stop signal arm enforcement system, which shall be utilized for the installation, administration or maintenance of side stop signal arm enforcement systems, including through a system administrator under an agreement with the school entity, on school buses;
(ii) $25 to the primary police department that reviewed the submitted evidence as required under subsection (h.2); 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) (Deleted by amendment).
(3) (Deleted by amendment).
(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 primary police department shall be prima facie evidence of the facts contained in it. The school entity, the system administrator on the school entity's behalf 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 this section shall be admissible in any judicial or administrative proceeding to adjudicate the liability for the violation of this section.
(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 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.
(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, nor be configured to identify, the driver, the passengers or the interior contents of the motor vehicle.
(ii) No violation of this section may be dismissed solely because a photograph or recorded video image allows for the identification of the driver, passengers or interior 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 this section which are kept by the school entity, system administrator on the school entity's behalf, contracted company that provides pupil transportation or primary police department, its authorized agents or employees, including recorded images, written records, reports or facsimiles, names, addresses, vehicle information and the number of violations under this section, shall be exclusively used for the purpose of 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 this section or any other violation in connection with a criminal law enforcement action.
(3) Images obtained through the use of a side stop signal arm enforcement system shall be destroyed within one year of final disposition of the recorded event. A system administrator under an agreement 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, 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 school entity, system administrator on the school entity's behalf or contracted company that provides pupil transportation 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.
(6) A school entity, system administrator or contracted company that provides pupil transportation that violates this subsection in which the penalty is a misdemeanor shall be subject to 18 Pa.C.S. § 307 (relating to liability of organizations and certain related persons).
(f) Defenses.--
(1) (Deleted by amendment).
(2) (Deleted by amendment).
(3) It shall be a defense to a violation under this section that the owner of the motor vehicle named in the notice of the violation was not driving 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 owner may not be required to disclose the identity of the driver of the motor vehicle at the time of the violation.
(4) It shall be a defense to a violation under this section that the motor vehicle in the notice of the violation has been reported to any 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.
(6) It shall be a defense to a violation under this section that the side stop signal arm enforcement system being used under this section was not in compliance with the department's regulations with respect to testing for accuracy, certification or calibration.
(g) Agreements.--
(1) A school entity may enter into an agreement with a system administrator to initiate actions to enforce this section through a side stop signal arm enforcement system.
(2) Except as otherwise provided, an agreement under 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 enforcement system shall be properly noticed under 65 Pa.C.S. Ch. 7 (relating to open meetings).
(3) Enforcement of this section shall only occur in those jurisdictions where the school entity has a written intergovernmental agreement with a primary police department for that jurisdiction.
(4) Compensation under an agreement authorized by this section shall not require a minimum or maximum number of violations to be issued that would impact the compensation to the system administrator.
(5) The school entity, or the system administrator on the school entity's behalf, shall provide notice through a publicly accessible Internet website that provides guidance and information related to the system, including, but not limited to, the number of school buses equipped with a system, the appeals process limited to the defenses under subsection (f) and contact information. The website shall remain publicly accessible throughout the period of use in a manner as determined by the school entity.
(6) The school entity, or the system administrator on the school entity's behalf, shall establish an electronic system where program information and all violations, in conformance with this section, can be accessed and viewed by:
(i) The primary police department for conducting procedures under subsection (h.2).
(ii) The department's hearing officer for conducting procedures under subsection (i.4).
(7) The school entity, or the system administrator on the school entity's behalf, may utilize an alternative system to share program information and all violations if the electronic system is unavailable for any legitimate purpose.
(8) The department may randomly conduct audits of a school entity, or a system administrator on the school entity's behalf, to ensure compliance with this section as determined by the department. If the department conducts an audit, the department shall prepare a summary of the audit, which shall be posted on the publicly accessible Internet website maintained by the school entity or the system administrator on the school entity's behalf.
(h) Submission of violation information.--A 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 primary police department using the electronic system under subsection (g)(6):
(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.
(4) Not later than July 1 annually, the school entity, or the system administrator on the school entity's behalf, shall submit a report to the department and the Pennsylvania State Police for the preceding calendar year. The information shall be compiled by the department and the Pennsylvania State Police into a report to be jointly submitted to the chairperson and minority chairperson of the Transportation Committee of the Senate and the chairperson and minority chairperson of the Transportation Committee of the House of Representatives by no later than December 31 annually. The report shall be posted on the publicly accessible Internet website maintained by the school entity or the system administrator on the school entity's behalf. The report shall be a public record under the Right-to-Know Law and include:
(i) The name of the system administrator.
(ii) The number of school buses equipped with a side stop signal arm enforcement system.
(iii) The number of notices of violation issued.
(iv) The amount of fines imposed and collected.
(v) The amounts paid under agreements authorized by this section.
(vi) The results of contested violations.
(vii) Use of additional revenue funds and any grants awarded from the program.
(h.1) Duty of school district.--(Deleted by amendment).
(h.2) Police review required.--Upon receipt of violation information under subsection (h), a primary police department shall:
(1) Review submitted evidence to determine if a violation under this section occurred and electronically certify the notice of violation.
(2) Notify the school entity, or the system administrator on the school entity's behalf, of the electronic certification of the notice of violation related to the primary police department's capacity to view and authorize the notice.
(3) Restrict the review of submitted evidence under paragraph (1) to an individual who is a police officer.
(i) (Reserved).
(i.1) Notice of violation, fines and contest.--(Deleted by amendment).
(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 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 correctly at the time of the alleged violation as required under subsection (d).
(v) Notice that the owner of the motor vehicle 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 subject to 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 owner, whichever is later, and not thereafter to the address of the owner listed in the records of the department.
(ii) In the case of motor vehicles from jurisdictions other than this Commonwealth, the notice of violation must be mailed within 30 days after the discovery of the identity of the owner and not thereafter to the address of the 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 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 on the school entity's behalf, 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 of the motor vehicle 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 the mailing date of the notice of violation, the school entity, or a system administrator on the school entity's behalf, may request an applicable credit collection agency to resolve the payment amount owed.
(i.4) Contest of violation.--The procedure for contesting a violation of this section shall be as follows:
(1) An owner of the motor vehicle may, within 30 days of the mailing date of the notice of violation, request a hearing before the department's hearing officer to contest liability either personally, by an authorized agent or by mailing a request in writing on the prescribed form or electronically. 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 reasonable locations and times set by the 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 sent by first class mail or electronically to the owner of the motor vehicle.
(3) The hearing shall be informal and the rules of evidence shall not apply. The decision of the department's hearing officer shall be made within 45 days from the hearing date and shall be final, subject to the right of the owner of the motor vehicle to appeal the decision under paragraph (4).
(3.1) The school entity, in coordination with the system administrator, if applicable, may enter into an agreement to designate a person to represent the school entity, or the system administrator on the school entity's behalf, to administer the hearing to contest liability under this subsection.
(4) If, within 45 days of issuance of the decision of the department's hearing officer, the owner of the motor vehicle requests in writing an appeal of the decision of the department's hearing officer, the owner 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. A magisterial district judge shall hear and decide the matter de novo and shall be restricted to finding an owner liable or not liable for violating this section and shall not assign damages to an owner or otherwise impose penalties on primary police departments, police officers, school entities, system administrators or other persons involved in the appeal process, except as otherwise provided under 42 Pa.C.S. § 1726 (relating to establishment of taxable costs), which may only be assessed to the school entity or system administrator on the school entity's behalf.
(5) The school entity, or system administrator on the 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 three years following the effective date of this section shall be deemed temporary regulations, which shall expire upon the prompt 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 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), the portion of the fine established under subsection (c)(1)(iii) and any other revenue as provided for under this title shall be deposited into the account and shall be used by the department to implement the School Bus Safety Grant Program. The department shall develop a uniform application process to award school bus safety grants in an amount not to exceed $100,000 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.
(4) The following are eligible to apply for grants under this subsection:
(i) Independent school bus contractors.
(ii) School entities.
(iii) Municipalities.
(5) The department shall post information related to this grant program on the department's publicly accessible Internet website.
(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 school bus out of service due to a nonfunctioning side stop signal arm enforcement system, except that a contracted company shall allow the 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 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.
(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."(Deleted by amendment).
"Primary police department."Any of the following:
(1) The 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, at the sole discretion of the Pennsylvania State Police.
(3) A police department of the school entity.
"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 at least one camera and one computer that produce recorded video and two or more photographic still images of a motor vehicle being used or operated in a manner that violates this section.
"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 under agreement with a school entity to perform, but not be limited to, the following:
(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, collecting fines and administering contests of violations, unless a school entity designates another person to contest the violations.
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Pennsylvania § 3345.1, Counsel Stack Legal Research, https://law.counselstack.com/statute/pa/75/3345.1.