AB 2360, as introduced, Alejo. School buses: passing violations: automated video enforcement.
Existing law requires the driver of any vehicle, upon meeting or overtaking any schoolbus equipped with required signs that is stopped for the purpose of loading or unloading any schoolchildren and displaying a flashing red light signal and stop signal arm, if equipped with a stop signal arm, to bring the vehicle to a stop immediately before passing the schoolbus and to not proceed past the schoolbus until the flashing red light signal and stop signal arm cease operation. A violation of these provisions is a crime.
This bill would authorize a school district to install and operate an automated schoolbus video enforcement system, as defined, for the purpose of enforcing the violation described above. The bill would require the county to transfer to the school district, on a monthly basis, the base fines paid for violations of the provisions described above when the violation was captured by the automated schoolbus video enforcement system and the image or video was used to convict the offender.
By imposing additional duties on local governments, this bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.
The people of the State of California do enact as follows:
Section 22454 of the Vehicle Code is amended
2to read:
(a) The driver of any vehicle, upon meeting or
4overtaking, from either direction, any schoolbus equipped with
5signs as required in this code, that is stopped for the purpose of
6loading or unloading any schoolchildren and displays a flashing
7red light signal and stop signal arm, as defined in paragraph (4) of
8subdivision (b) of Section 25257, if equipped with a stop signal
9arm, visible from front or rear, shall bring the vehicle to a stop
10immediately before passing the schoolbus and shall not proceed
11past the schoolbus until the flashing red light signal and stop signal
12arm, if equipped with a stop signal arm, cease operation.
13(b) (1) The driver of a vehicle upon a divided highway or
14multiple-lane highway
need not stop upon meeting or passing a
15schoolbus that is upon the other roadway.
16(2) For the purposes of this subdivision, a multiple-lane highway
17is any highway that has two or more lanes of travel in each
18direction.
19(c) (1) If a vehicle was observed overtaking a schoolbus in
20violation of subdivision (a), and the driver of the schoolbus
21witnessed the violation, the driver may, within 24 hours, report
22the violation and furnish the vehicle license plate number and
23description and the time and place of the violation to the local law
24enforcement agency having jurisdiction of the offense. That law
25enforcement agency shall issue a letter of warning prepared in
26accordance with paragraph (2) with respect to the alleged violation
27to the registered owner of the vehicle. The issuance of a warning
28letter under this paragraph shall not be entered on the driving record
P3 1
of the person to whom it is issued, but does not preclude the
2imposition of any other applicable penalty.
3(2) The Attorney General shall prepare and furnish to every law
4enforcement agency in the state a form letter for purposes of
5paragraph (1), and the law enforcement agency may issue those
6letters in the exact form prepared by the Attorney General. The
7Attorney General may charge a fee to any law enforcement agency
8that requests a copy of the form letter to recover the costs of
9preparing and providing that copy.
10(d) (1) Notwithstanding subdivision (c), in addition to any other
11monitoring devices lawfully authorized to be installed in or on a
12schoolbus, a school district is authorized to install and operate an
13automated schoolbus video enforcement system for the purpose of
14
enforcing violations of subdivision (a).
15(2) For purposes of this section, an “automated schoolbus video
16enforcement system” means a camera system that monitors and
17records motor vehicles overtaking or passing a schoolbus when
18the schoolbus is stopped and displaying a flashing red signal
19system and a stop signal arm, if equipped with a stop signal arm.
20(e) The county shall transfer, monthly, to the school district
21whose schoolbus was involved in the violation, any base fine paid
22for a violation of subdivision (a) when the violation was captured
23by an automated schoolbus video enforcement system and the
24image or video was used to convict the offender.
25(d)
end delete26begin insert(f)end insert This section also applies to a roadway upon private property.
If the Commission on State Mandates determines that
28this act contains costs mandated by the state, reimbursement to
29local agencies and school districts for those costs shall be made
30pursuant to Part 7 (commencing with Section 17500) of Division
314 of Title 2 of the Government Code.
O
99