Amd §§375 & 227, add §1174-a, V & T L; amd §§3621 & 3623-a, Ed L; amd §87, Pub Off L
Enacts the "school bus camera safety act" to authorize the installation and use of photo monitoring devices on school buses to detect and record vehicles illegally passing or overtaking a school bus; provides for owner liability of a motor vehicle detected by a camera to have illegally passed or overtaken a school bus; provides that liability shall be a civil fine equal to the traffic infraction fine imposed therefor; authorizes school districts to receive state aid for the purchase of such cameras.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A1520C
SPONSOR: Magnarelli (MS) TITLE OF BILL: An act to amend the vehicle and traffic law and the
education law, in relation to authorizing the installation and use of
safety cameras on school buses for the purpose of monitoring overtaking
and passing of school bus violations; to amend the vehicle and traffic
law and the public officers law, in relation to owner liability for an
operator illegally overtaking or passing a school bus; and providing for
the repeal of such provisions upon expiration thereof
PURPOSE:
To enact the "School Bus Camera Safety Act" to authorize the installa-
tion and use of photo monitoring devices on school buses to detect and
record vehicles illegally passing or overtaking a school bus.
SUMMARY OF PROVISIONS:
Section 1: Creates the title of the bill as the "School Bus Camera Safe-
ty Act.
Section 2: Provides the legislative intent of the bill.
Section 3: Amends the vehicle and traffic law (VTL) by adding a new
subdivision 21-j to authorize the installation of stop arm cameras on
school buses.
Section 4: Adds new section 1174-A to VTL to define "school bus safety
cameras" as "automated photo monitoring devices affixed to a school bus
and designed to detect and store an image of motor vehicles which over-
take or pass school buses in violation of state law which prohibits the
passing of stopped school buses."
This section allows school districts to install and use school bus safe-
ty cameras and to contract with law enforcement agencies to process and
assess fines for violations. It also allows schools to contract with
private vendors for the installation, operation, notice processing and
administration and maintenance of school bus safety cameras. Further, it
allows schools to enter into agreements with local governing authorities
to offset the expenses relating to the ongoing operation of school bus
safety cameras, provided that the net proceeds of any penalty, after the
expenses of administration, collected by a traffic violations bureau or
court shall be expended for programs related to improving public safety
and/or school district safety in the municipality in which the violation
occurred.
The bill provides that the photos shall only show the front or rear
license plate of vehicles while the bus is at a full stop.
Establishes a fine of $250 for passing a stopped school bus. This
section also establishes the process whereby law enforcement will
inspect photographic and video evidence of violations and shall issue
tickets with a copy of the photo and video. It requires that any photos
that are not found to depict or result in liability of a violation of
the law prohibiting passing a stopped school bus be destroyed within two
days.
This section also clarifies that a conviction due to photographic
evidence from a school bus safety camera of a violation of passing a
stopped school bus shall not be made part of the operating record of a
driver or used of insurance purposes in the provision of motor vehicle
insurance coverage. (Violations captured by cameras will not result in
points on license for insurance purposes, but they will result in the
same amount of fines as those cited without use of the cameras.)
Provides that the tickets ("simplified traffic informations") for
violations shall contain the names, address registration number and
details of where such violation is alleged to take place. The tickets
also shall contain information advising the person being charged where
they may contest it and that they are required to respond or they will
be deemed liable for the violation if they fail to respond.
Provides an exemption for vehicle owners from liability if it can be
proved that the vehicle was stolen or that the owner is a lessor of such
vehicle. Further, if the owner who is liable for a violation under this
section was not the actual operator of the vehicle at the time of the
violation, the owner may maintain an action for indemnification against
the operator.
This section also provides that the school bus safety cameras shall be
used solely for the purposes of carrying out photo-monitoring and vide-
otaping of violations of passing stopped school buses.
Section 5: Amends education law section 3621 to add a new subdivision 16
to define school bus safety cameras.
Section 6: Amends section 3623-a of the education law to allow school
districts to receive state aid transportation funding for reimbursement
for purchases of the school bus safety cameras.
Section 7: Amends VTL section 227 to establish a complete defense
against the alleged violations for owners of vehicles charged with a
violation due to photographic evidence of their vehicle having passed a
stopped school bus, if they are found by a hearing officer to have not
in fact have been in operation of their own vehicle at the time of which
the violation was recorded by the school bus safety camera and did not
give another authorization to drive their vehicle.
Section 8: Amends section 87 of the public officers' law by adding a new
paragraph (o), which exempts photographs, microphotographs, videotape or
other recorded images prepared under the authority of section eleven
hundred seventy-four-a of the vehicle and traffic law from access.
Section 9: Provides the effective date.
JUSTIFICATION:
This legislation authorizes school districts and school bus transporta-
tion contractors to install school bus safety cameras, which engage once
the stop arm of the bus is extended and the bus comes to a stop to pick
up or discharge students, on their buses.
Under current law, a ticket can be issued only by a police officer who
witnesses the violation. This bill permits the evidence taken from
school bus safety cameras to be used in prosecuting violators of Section
1174 of the Vehicle and Traffic Law.
Many efforts in New York State have already been undertaken to combat
this problem, with some positive results, such as OPERATION SAFE STOP.
However, the numbers of violations continues to be alarming. A recent
one-day survey done by the NYS Association of School Pupil Transporta-
tion yielded astounding results and underscore the need for this legis-
lation. On May 1st, 2013, the Association found that the 236 school bus
drivers who participated in the survey in 21 school districts in New
York in rural, urban and small city settings, reported 306 illegal pass-
es including 6 "right side" passes. That represents an average of 1.28
illegal passes per school bus. That number, if extrapolated, would bring
the estimated number of illegal passes in the state to over 64,000 on
that date alone.
Other studies done have estimated that more than 50,000 drivers through-
out New York on a single school day illegally pass stopped school buses.
Several other states have enacted legislation similar to this bill in
response to a growing national concern over illegal passing or 'stop arm
violations.' This legislation would add New York to the growing list of
states that recognize the safety of our children while being transported
back and forth to school should be of paramount importance. States that
have enacted similar laws include: Georgia, Maryland, North Carolina,
Iowa, Virginia, Connecticut, and Washington.
The use of stop aim cameras (school bus safety cameras)is necessary to
prevent the casualties from dangerous motorists who ignore current law.
The school bus safety act will increase enforcement of laws already on
the books and will significantly lessen the numbers of violations that
continue to compromise the safety of our students.
LEGISLATIVE HISTORY:
2013-2014: 2013-2014, A.7350 -A
FISCAL IMPLICATIONS:
Minimal. Costs incurred by implementing this legislation are expected to
be recovered through fines from convictions for violations.
EFFECTIVE DATE:
This act shall take effect the November first, following enactment,
except that sections four, five, and ten shall take effect on the first
of April next succeeding the effective date of this act. The provisions
of this act shall expire and be deemed repealed September 1, 2022.
