§ 3345.1. Automated enforcement of failure to stop for school bus with flashing red lights
Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 75 Pa.C.S.A. VehiclesEffective: December 22, 2023
Effective: December 22, 2023
75 Pa.C.S.A. § 3345.1
§ 3345.1. Automated enforcement of failure to stop for school bus with flashing red lights
(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.
(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;
(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.
(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.
(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),1 known as the Right-to-Know Law.
(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.
(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.
(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).
(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.
(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.
(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:
(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.
(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.
(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.
(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.
(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.
(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.
(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),2 referred to as the Commonwealth Documents Law.
(ii) The act of June 25, 1982 (P.L. 633, No. 181),3 known as the Regulatory Review Act.
(iii) Section 204(b) of the act of October 15, 1980 (P.L. 950, No. 164),4 known as the Commonwealth Attorneys Act.
(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:
(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.
(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.
“Local board of school directors.” A board of directors or other governing authority of a school entity.
“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.
Credits
2018, Oct. 24, P.L. 1154, No. 159, § 2. Amended 2020, July 1, P.L. 515, No. 38, § 1, effective in 60 days [Aug. 31, 2020]; 2021, Oct. 20, P.L. 423, No. 80, § 1, imd. effective; 2023, Oct. 23, P.L. 134, No. 19, § 1; 2023, Dec. 14, P.L. 344, No. 38, § 1, imd. effective.
Footnotes
65 P.S. § 67.101 et seq.
45 P.S. §§ 1201, 1202, 1203, 1204 and 1205.
71 P.S. § 745.1 et. seq.
71 P.S. § 732-204.
75 Pa.C.S.A. § 3345.1, PA ST 75 Pa.C.S.A. § 3345.1
Current through Act 10 of the 2024 Regular Session. Some statute sections may be more current, see credits for details.
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