Trial Engrossment of Amendment A02427 to Senate Bill 0851 P.N. 0960, Regular Session 2023-2024

A02427

THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

No.

851

Session of

2023

INTRODUCED BY LANGERHOLC AND FLYNN, JUNE 26, 2023

REFERRED TO TRANSPORTATION, JUNE 26, 2023

AN ACT

Amending Title 75 (Vehicles) of the Pennsylvania Consolidated

Statutes, in rules of the road in general, further providing

for enforcement of failure to stop for school bus with

flashing red lights; imposing a penalty; and making an

editorial change.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. Section 3345.1(j)(3) of Title 75 of the

Pennsylvania Consolidated Statutes is amended to read:

§ 3345.1. Enforcement of failure to stop for school bus with

flashing red lights.

* * *

(j) Department approval.--

* * *

(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 [five] six years following

the effective date of this section or upon 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.

* * *

Section 2. This act shall take effect immediately.

Section 1. Sections 3345(a.1)(1)(v) and 3345.1 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:

* * *

(v) Whether the school bus is equipped with a side

stop signal arm enforcement system under section 3345.1

(relating to automated enforcement of failure to stop for

school bus with flashing red lights).

* * *

§ 3345.1. [Enforcement] Automated enforcement of failure to

stop for school bus with flashing red lights.

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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 [the provisions of section 3345 (relating to meeting

or overtaking school bus) as reported under section 3345(a.1)]

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) Except as provided in paragraph (2), this section

shall apply to an owner 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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3345 enforced under] this section, the owner of the motor

vehicle shall be [liable] subject to a penalty as follows:

(1) The penalty for the violation shall be a [civil

penalty with a] fine of $300. The fine shall be distributed

as follows:

(i) $250 to the school [district] 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 [package to determine the

violation occurred] 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) A rebuttable presumption shall exist that the owner

of the vehicle was the driver at the time of the alleged

violation.

(3) For each violation under this section, the owner of

the vehicle shall be liable for the fine imposed unless the

owner is convicted of the same violation under section 3345

or has a defense under subsection (f).]

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(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 [police officer] 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 [3345] 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

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violations of this section [3345] 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 [notice of liability issued under] 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 [section 3345 enforced under]

this section which [is] are kept by the school entity,

system administrator on the school entity ' s behalf,

contracted company that provides pupil transportation or

primary 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,

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reports or facsimiles, names, addresses, vehicle

information 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] exclusively used for the purpose

of [discharging their duties under] 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 [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

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] 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,

registered 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 [manufacturer or

vendor of the] school entity, system administrator on the

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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) 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) It shall be a defense to a violation under this

section that the [person] owner named in the notice of the

violation was not operating 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 of the motor vehicle may not be required

to disclose the identity of the operator of the motor vehicle

A02427 - 8 -

at the time of the violation.

(4) [If an owner receives a notice of violation under

this section of a time period during which the vehicle was

reported to a police department of any state or municipality

as having been stolen, it] 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 [a] 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) [Approval] Agreements.--

(1) A school 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]

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

[this section] 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

A02427 - 9 -

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

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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) [Duty of manufacturer or vendor] Submission of violation

information.--A [manufacturer or vendor of side stop signal arm

enforcement systems] 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 [police

or] 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

A02427 - 11 -

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.--A school district may enter

into an intergovernmental agreement with the primary police

department with authority to issue violations using an automated

side stop signal arm enforcement system. The primary police

department is the police department in any municipality in which

the school district is located. If a municipality in which the

school district where the violation occurred is located does not

have its own police department, the school district may petition

the Pennsylvania State Police for review of the evidence package

from the automated side stop signal arm enforcement system.]

(h.2) [Duty of police and police department] Police review

required.--[Police officers and police departments enforcing

violations of section 3345 and using automated side stop signal

arm enforcement systems] Upon receipt of violation information

under subsection (h), a primary police department shall:

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(1) Review submitted evidence [from the manufacturer or

vendor of a system] to determine if [there is sufficient

evidence that] a violation under this section [3345] occurred

and electronically certify the notice of violation.

(2) [Provide information to a school district related to

the police or police department's capacity to view and

authorize the notice of violation.] 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.--The

following shall apply:

(1) The following shall apply to notice of violation:

(i) In the case of a violation involving a vehicle

registered under 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 registered owner,

whichever is later, and not thereafter to the address of

the registered owner as listed in the records of the

department.

(ii) In the case of vehicles registered in

jurisdictions other than this Commonwealth, the notice of

violation must be mailed within 30 days after the

discovery of the identity of the registered owner and not

thereafter to the address of the registered owner as

A02427 - 13 -

listed in the records of the official in the jurisdiction

having charge of the registration of the vehicle.

(iii) A notice of violation under this section must

be provided to an owner within 90 days of the commission

of the offense.

(iv) The notice of violation shall have attached to

it a copy of the recorded image showing the vehicle; the

registration number and state of issuance of the vehicle

registration; the date, time and place of the alleged

violation; that the violation charged is under section

3345 and instructions for return of the notice of

violation; and instructions for how to request a hearing

with the magisterial district judge for the purpose of

contesting liability or notice.

(2) The following shall apply to payment of a fine:

(i) An owner may admit responsibility for the

violation and pay the fine as indicated on the notice of

violation.

(ii) Payment of the fine shall operate as a final

disposition of the civil penalty.

(iii) If payment is not received or the owner has

not contested liability within 30 days of original

notice, the police department may turn the matter over to

the Magisterial District Judge where the violation

occurred. The Magisterial District Judge may assess

liability upon the owner for failure to pay the fine or

contest liability.

(3) The following shall apply to contesting liability or

notice:

(i) An owner to whom a notice of violation has been

A02427 - 14 -

issued may, within 30 days of the mailing of the notice,

contest the liability alleged in the notice of violation

by requesting a hearing with the magisterial district

judge where the violation occurred and completing the

payment of applicable civil filing fees.

(ii) The primary police department shall file the

notice of violation and supporting documents with the

magisterial district judge where the violation occurred

and the court shall hear and decide the matter.]

(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 registered 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

A02427 - 15 -

required under subsection (d).

(v) Notice that the owner 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;

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 registered under 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 registered

owner, whichever is later, and not thereafter to the

address of the registered owner listed in the records of

the department.

(ii) In the case of motor vehicles registered in

jurisdictions other than this Commonwealth, the notice of

A02427 - 16 -

violation must be mailed within 30 days after the

discovery of the identity of the registered owner and not

thereafter 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 motor vehicle.

(iii) A notice of violation under this section shall

be invalid unless provided to the registered 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 mailing

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.

A02427 - 17 -

(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

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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 school entity, or the

system administrator on the school entity's behalf, 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.

(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

A02427 - 19 -

this section, regulations promulgated by the department under

this section during the [two] three years following the

effective date of this section shall be deemed temporary

regulations, which shall expire [no later than five years

following the effective date of this section or] 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)]

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[, which is established to promote and increase school

bus safety, education and training throughout this

Commonwealth]. 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

A02427 - 20 -

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. [Independent school bus

contractors and school entities are eligible for the grant.

The department shall develop a uniform application process

and regulations to administer the grant program.]

(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

A02427 - 21 -

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] 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 [vendor]

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." A company that creates, owns or

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

stop signal arm enforcement system.]

"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

A02427 - 22 -

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 [two or more camera

sensors and computers] at least one camera and one computer 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 this section [3345].

"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.

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(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.

Section 2. This act shall take effect as follows:

(1) The following provisions shall take effect

immediately:

(i) The amendment of 75 Pa.C.S. § 3345.1(j)(3).

(ii) This section.

(2) The remainder of this act shall take effect in 60

days.

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