Bill > A3798

Introduced Session

This bill authorizes the use of a school bus monitoring system to enforce section 1 of P.L.1942, c.192 (C.39:4-128.1), the State law governing passing a school bus. A school bus monitoring system is defined as a system meeting certain requirements set forth in the bill and having at least one camera and computer that captures and records a digital video or image of any motor vehicle operating near a school bus. Under current law, school buses are required to exhibit flashing red lights when the bus has stopped for the purpose of receiving or discharging any person with a developmental disability or child. Drivers of vehicles approaching or overtaking the school bus are required to stop at least 25 feet from a school bus that has activated its flashing lights. The law also provides that the bus driver is not permitted to start the bus or discontinue the flashing lights until every person who has alighted from the bus has reached a place of safety. Under the bill, a fine of between $300 and $500 would be imposed on a person who passes a school bus in violation of current law, as evidenced by the recorded images captured by a school bus monitoring system. Under these circumstances, any fine imposed and collected for this violation would be forwarded to the financial officer of the municipality in which the violation occurred and used for general municipal and school district purposes, including efforts to improve the monitoring and enforcement of this law through the utilization of a school bus monitoring system and other public education safety programs. The bill authorizes a municipality or school district operating or providing Type I or Type II school buses that transport students to contract with a private vendor to provide for the installation, operation, and maintenance of a school bus monitoring system for enforcement purposes. A school bus monitoring system would have to be capable of capturing and producing a record of any occurrence that may be considered illegal passing of a school bus, and include in that recorded image: (1) if the school bus is exhibiting its flashing light; (2) if a motor vehicle passes a school bus; (3) the license plate, make, and model of the violating vehicle; and (4) the date, time, and location of the violation. Any violation captured in a recorded image produced by a school bus monitoring system would be forwarded to the chief law enforcement officer of the municipality in which the violation occurred. A law enforcement officer would issue a summons within 90 days of determining that a violation occurred. No summons may be issued for a violation occurring more than 90 days from date of the violation. The bill provides that any recorded image or information produced in connection with a school bus monitoring system is not a public record under New Jersey's "Open Public Records Act," is not discoverable as a public record except upon a subpoena issued by a grand jury or a court order in a criminal matter, and will not be offered into evidence in any civil or administrative proceeding unless directly related to illegally passing a school bus. Recorded images or information produced in connection with a school bus monitoring system pertaining to a specific violation are not to be retained for more than 60 days after the collection of any fine imposed, and are then to be purged. All recorded images and information collected but not resulting in the issuance of a summons are to be purged within 95 days of the recording. The owner of a motor vehicle would be liable for a summons for illegally passing a school bus. A lessor or owner would not be liable if: (1) the lessor demonstrates that the vehicle was used without the lessor's express or implied consent, and provides the name and address of the vehicle operator or registrant; (2) the lessee was operating or in possession of the vehicle at the time of the violation and the lessor provides the name and address of the lessee; or (3) the owner, lessor, or lessee demonstrates that the vehicle was stolen at the time the violation occurred and provides a copy of the police report regarding the vehicle theft.

AI Summary

Committee Categories

Bob Auth (R)*,  Nicholas Chiaravalloti (D)*,  Raj Mukherji (D)*,  Troy Singleton (D)*,  Benjie Wimberly (D)*,  Arthur Barclay (D),  Ronald Dancer (R),  Thomas Giblin (D),  Mila Jasey (D),  Angelica Jimenez (D),  Patricia Jones (D),  Greg McGuckin (R),  Angela Mcknight (D),  David Wolfe (R), 

Substituted by S211 (SCS/1R) (on 01/08/2018)