A1432 2R

An Act concerning school bus safety, amending P.L.1942, c.192, and supplementing Title 39 of the Revised Statutes.

Be It Enacted by the Senate and General Assembly of the State of New Jersey:

1. Section 1 of P.L.1942, c.192 (C.39:4-128.1) is amended to read as follows:

1. a. On highways having roadways not divided by safety islands or physical traffic separation installations, the driver of a vehicle approaching or overtaking a bus, which is being used for the transportation of children to or from school ²[or] ,² a summer day camp²,² or any ²[school connected] school-connected² activity, or which is being used for the transportation of a person who has a developmental disability, and which has stopped for the purpose of receiving or discharging any child or a person who has a developmental disability, shall stop [such] the vehicle not less than 25 feet from [such] ²[the school] the² bus and keep [such] the vehicle stationary until [such] any child or ²any² person who has a developmental disability has entered [said] the bus ²,² or has ²[alighted] departed from the bus² and reached the side of [such] the highway ²,² and ²[until]² a flashing red light is no longer exhibited by the bus; provided ²[,]² [such] the bus is designated as a school bus by one sign on the front and one sign on the rear ²[,]² with ²[each letter on]² [such signs] ²[any sign] lettering² at least four inches in height.

On highways having dual or multiple roadways separated by safety islands or physical traffic separation installations, the driver of a vehicle overtaking a school bus, which has stopped for the purpose of receiving or discharging any child or any person who has a developmental disability, shall stop [such] the vehicle not less than 25 feet from [such] the school bus and keep [such] the vehicle stationary until [such] ²[any] each² child or ²each² person who has a developmental disability has entered [said] the bus ²,² or has ²[alighted] departed from the bus² and reached the side of the highway ²,² and ²[until]² a flashing red light is no longer exhibited by the bus.

On highways having dual or multiple roadways separated by safety islands or physical traffic separation installations, the driver of a vehicle on another roadway approaching a school bus, which has stopped for the purpose of receiving or discharging any child ²[,]² or any person who has a developmental disability shall reduce the speed of ²[his] the² vehicle to not more than 10 miles per hour and shall not resume normal speed until the vehicle has passed the bus and ²[has passed]² any child ²or any person with a developmental disability² who may ²[have alighted therefrom or]² be about to enter [said] the bus ²or who has departed from the bus².

For purposes of this section, “highway” means the entire width between the boundary lines of every way ²,² whether publicly or privately maintained ²[when] ,² any part [thereof] ²of which² is open to the public for purposes of vehicular travel.

Whenever a school bus is parked at the curb for the purpose of receiving children directly from ², or discharging children to,² a school ²[or] ,² a summer day camp ²,² or any ²[school connected] school-connected² activity ²[or discharging children to enter a school, or a summer day camp or any school connected activity]² , which is located on the same side of the street as that on which the bus is parked, drivers of vehicles shall be permitted to pass [said] the bus without stopping, but at a speed not in excess of 10 miles per hour.

Whenever a school bus is parked at the curb for the purpose of receiving or discharging a person who has a developmental disability on the same side of the street as that on which the bus is parked, drivers of vehicles shall be permitted to pass the bus without stopping, but at a speed not in excess of 10 miles per hour.

The driver of a bus which is being used for the transportation of children to or from school ²[or] ,² a summer day camp ²,² or any ²[school connected] school-connected² activity ²[,]² or for the transportation of a person who has a developmental disability shall continue to exhibit a flashing red light and shall not start [his] the bus until every child ²or every person who has a developmental disability² who may have ²[alighted] departed² therefrom shall have reached a place of safety.

[Any] ²[b. A] b. Except as provided in subsection c. of section 4 of P.L. , c. (C. ) (pending before the Legislature as this bill), a² person who [shall violate] violates any provision of [this act] subsection a. of this section shall be subject to ²:² (1) a fine of [not less than $100.00] ²[$250] $300², ²[(2)]² [imprisonment for not more than 15 days or] community service for not more than 15 days in [such] the form and on [such] terms as the court shall deem appropriate, ²[(3)]² or both for the first offense ²[,] ;² and ²(2)² a fine [not less than $250.00, imprisonment] of $500 and community service for not [more] less than 15 days [, or both] in the form and on the terms as the court shall deem appropriate for each subsequent offense. ²[The] Except as provided in sections 5 and 6 of P.L. , c. (C. ) (pending before the Legislature as this bill), the² penalties shall be enforced and recovered pursuant to the provisions of chapter 5 of Title 39 of the Revised Statutes. There shall be a rebuttable presumption that the registered owner of the vehicle which was involved in the violation of this section was the person who committed the act. ²[Any person who suppresses, by way of concealment or destruction, any evidence of a violation of this section or who suppresses the identity of the violator shall be subject to a fine of $100.]²

The Chief Administrator of the New Jersey Motor Vehicle Commission may also revoke the license to drive a motor vehicle of any person who shall have been guilty of [such] ²[the] a² willful violation of any of the provisions of this ²[act] section² as shall, in the discretion of the chief administrator, justify [such] the revocation ². However², ²[but]² the chief administrator shall, at all times, have ²the² power to validate [such] a license which has been revoked ²[,]² or to grant a new license to any person whose license to drive a motor vehicle shall have been revoked pursuant to this ²[act] section².

c. Notwithstanding any provision of this section to the contrary, a person who violates any provision of subsection a. of this section where the evidence of the violation is captured by a school bus monitoring system administered pursuant to section 4 of P.L. , c. (C. ) (pending before the Legislature as this bill), shall be subject solely to a civil penalty of ²[$250, which shall be collected in a summary proceeding pursuant to the “Penalty Enforcement Law of 1999,” P.L.1999, c.274 (C.2A:58-10 et seq.)] $300². A person found liable shall not be assessed any penalty points pursuant to the provisions of section 1 of P.L.1982, c.43 (C.39:5-30.5), and shall not be subject to automobile insurance eligibility points pursuant to section 26 of P.L.1990, c.8 (C.17:33B-14).

²d.² Notwithstanding any provisions of R.S.39:5-41 to the contrary, wherever a municipality or school district installs, operates, and maintains a school bus monitoring system, or contracts with a private vendor for a system and those services, any civil penalty imposed and collected pursuant to this subsection that is based upon recorded images captured by the school bus monitoring system shall be forwarded to the financial officer of that municipality and used for general municipal and school district purposes, including efforts to improve the monitoring and enforcement of subsection a. of this section through the utilization of a school bus monitoring system and other public education safety programs. There shall be a rebuttable presumption that the registered owner of the vehicle which was involved in the violation of this section was the operator of the vehicle at the time the violation occurred. A person who suppresses, by way of concealment or destruction, any evidence of a violation of this section or who suppresses the identity of the violator shall be subject to a fine of $100.

(cf: P.L.2012, c.20, s.2)

2. (New section) The Legislature finds and declares that:

a. Motorists who illegally pass a school bus that is stopped to pick up or discharge children dramatically increase the likelihood of accidents that endanger the safety and well-being of bus riding children.

b. The installation and use of a school bus monitoring system, which complements the efforts of local law enforcement, could serve as an effective public safety tool to keep children safer while entering, exiting, or riding a school bus.

c. It is altogether fitting and proper, and within the public interest, to authorize a program to permit municipalities and school districts operating or providing Type I or Type II school buses that transport students to contract with private vendors to provide for the installation, operation, and maintenance of school bus monitoring systems on school buses in order to assist in the enforcement of section 1 of P.L.1942, c.192 (C.39:4-128.1).

3. (New section) As used in P.L. , c. (C. ) (pending before the Legislature as this bill):

²“Camera-based violation” means a violation of subsection a. of section 1 of P.L.1942, c.192 (C.39:4-128.1) captured by a school bus monitoring system.

“Local hearing officer” means a person authorized by a municipality to conduct administrative hearings related to a notice of liability issued pursuant to section 5 of P.L. , c. (C. ) (pending before the Legislature as this bill). “Local hearing officer” may include an appointed code enforcement staff member or an attorney who is, and has been for the preceding five years, a member in good standing with the New Jersey Bar Association.

“Notice of liability” means a non-criminal citation alleging a camera-based violation.

“Petitioner” means an individual requesting to contest an alleged camera-based violation.²

“Recorded image” means a digital image ², or images,² or video recorded by a school bus monitoring system.

“School bus” means a “School Vehicle Type I” and “School Vehicle Type II” as defined in R.S.39:1-1.

“School bus monitoring system” means a system meeting the requirements set forth in section 4 of P.L. , c. (C. ) (pending before the Legislature as this bill) and having at least one camera and ²[computer] sensor² that captures and records a ²[live]² digital video or image of any motor vehicle operating near a school bus.

“School district” means a local school district, regional school district, consolidated school district, county vocational school district, jointure commission, county special services school district, or educational services commission.

²[“Summons” means a citation alleging a violation of subsection a. of section 1 of P.L.1942, c.192 (C.39:4-128.1).]²

4. (New section) a. ²(1)² A municipality or school district which operates or provides school buses that transport students may contract with a private vendor to provide for the installation, operation, and maintenance of a school bus monitoring system on any school bus to assist in the enforcement of subsection a. of section 1 of P.L.1942, c.192 (C.39:4-128.1).

²(2)² ¹A municipality or school district that enters into a contract with a school bus contractor to provide student transportation services may require the installation, operation, and maintenance of a school bus monitoring system on any school bus used for a contracted bus route ²to assist with the enforcement of subsection a. of section 1 of P.L.1942, c.192 (C.39:4-128.1)² .¹

b. (1) A school bus monitoring system shall be capable of capturing and producing a video record of any occurrence that may be considered a violation of subsection a. of section 1 of P.L.1942, c.192 (C.39:4-128.1) and ²[high resolution color] high-resolution² digital recorded images that ²[indicate] capture²:

(a) if the flashing ²red² light ²[and] or² crossing control arm of a school bus ²[are] is² activated, as required pursuant to section 1 of P.L.1965, c.119 (C.39:3B-1);

(b) if a motor vehicle passes a school bus while the bus is exhibiting a flashing ²red² light or crossing control arm;

(c) a sufficient portion of the rear of the motor vehicle that passes the school bus ²,² in violation of subsection a. of section 1 of P.L.1942, c.192 (C.39:4-128.1), to clearly reveal the license plate and the make and model of the motor vehicle; and

(d) the date, time, and location of the ²camera-based² violation.

(2) A digital analog or camera system may be used as part of a school bus monitoring system provided the images of any violation are captured by the system, or a multiple-camera system, and produce a recorded image ²[, in color,]² of:

(a) the school bus exhibiting a flashing ²red² light or an electronic indicator ²signaling² that the flashing light is activated [, noted along the bottom edge of the image];

(b) the motor vehicle passing the school bus; ²and²

(d) the date, time, and location of the violation, which shall specify the minute, hour, day, month, and year]² .

²c. Notwithstanding any provision of subsection a. of section 1 of P.L.1942, c.192 (C.39:4-128.1), except as provided in subsection d. of section 5 of P.L. , c. (C. ) (pending before the Legislature as this bill), a registered owner of a vehicle found liable for a camera-based violation shall be subject to a civil penalty of $300. However, the registered owner of a vehicle found liable for the camera-based violation shall not be assessed any penalty points, pursuant to the provisions of section 1 of P.L.1982, c.43 (C.39:5-30.5), or automobile insurance eligibility points, pursuant to section 26 of P.L.1990, c.8 (C.17:33B-14).

d. A recorded image shall be sufficient evidence to determine liability for a camera-based violation and shall be admissible in an administrative hearing adjudicated pursuant to subsection 6 of P.L. , c. (C. ) (pending before the Legislature as this bill) without further authentication.

e. There shall be a rebuttable presumption, which shall not be overcome unless a petitioner presents clear and convincing evidence to the contrary, that:

(1) a vehicle which is equipped with a school bus monitoring system, and which displays text that is at least four inches in height on the front and one on the rear of the vehicle identifying the vehicle as a school bus, is a school bus;

(2) when a recorded image demonstrates that a school bus was stopped with its crossing control arm or flashing red light activated, the school bus was being used for the transportation of children to or from school, a summer day camp, or any school-connected activity, or was being used for the transportation of a person who has a developmental disability, and the school bus was stopped for the purpose of receiving or discharging any such child or person with a developmental disability; and

(3) when a recorded image displays the activation of a crossing control arm or flashing red light, the crossing control arm or flashing red light was activated and operational at the time of the violation.²

5. (New section) a. ²(1)² If a school district or municipality enters into a contract with a private vendor to provide for the installation, operation, and maintenance of a school bus monitoring system ¹or requires the installation, operation, and maintenance of a school bus monitoring system on any school bus used for a contracted bus route¹ pursuant to section 4 of P.L. , c. (C. ) (pending before the Legislature as this bill), a recorded image of a suspected ²camera-based² violation ²[of subsection a. of section 1 of P.L.1942, c.192 (C.39:4-128.1) captured by a school bus monitoring system]² shall be made available to the chief law enforcement officer of the municipality in which the ²camera-based² violation occurred.

²(2)² Each chief law enforcement officer shall assign a law enforcement officer of the municipality to review the recorded images of a suspected ²camera-based² violation ²[of subsection a. of section 1 of P.L.1942, c.192 (C.39:4-128.1) made available by any school bus monitoring system]². In conducting the review, ²if² the law enforcement officer ²[shall determine whether] determines² there is sufficient evidence to conclude that a ²camera-based² violation ²[of subsection a. of section 1 of P.L.1942, c.192 (C.39:4-128.1)]² occurred ²[and shall issue] , the law enforcement officer, or a designee of the law enforcement agency, shall send a notice of liability² within 90 days of the date ²[on which] of² the violation ²[occurred, a summons if appropriate. A summons shall not be issued for a violation occurring more than 90 days from the date of the violation.

A summons issued pursuant to this section shall be served by a law enforcement officer in accordance with the Rules of Court. Except as otherwise provided in this subsection, any recorded image produced by a school bus monitoring system shall be available for the exclusive use of any law enforcement officer for the purpose of discharging the officer’s duties under subsection a. of section 1 of P.L.1942, c.192 (C.39:4-128.1)] to the registered owner of the vehicle by first class mail at the address of record for that owner with the New Jersey Motor Vehicle Commission, or with any other motor vehicle registration recordkeeping authority, providing the registered owner with the opportunity to resolve the matter by paying the civil penalty pursuant to section 5 of P.L. , c. (C. ) (pending before the Legislature as this bill) or by contesting the notice of liability in an administrative hearing pursuant to section 6 of P.L. , c. (C. ) (pending before the Legislature as this bill). Mailing of the notice of liability shall constitute notice and a record of mailing shall be prima facie evidence of such mailing and shall be admissible in any hearing as to the facts contained in the notice of liability. There shall be a rebuttable presumption that the registered owner of the vehicle that was involved in the camera-based violation was the operator of the vehicle at the time the violation occurred.

(3) A notice of liability issued pursuant to paragraph (2) of this subsection a. of this section shall contain:

(a) the name and address of the registered owner of the motor vehicle;

(b) the license plate of the motor vehicle;

(d) the date, location, and time of the suspected camera-based violation;

(e) a copy of the recorded image, which may include selected images from a video showing the motor vehicle involved in the suspected camera-based violation, as well as a method by which to review the video on an Internet website, if the suspected violation is based upon a video captured by the school bus monitoring system;

(f) the amount of the civil penalty and payment instructions;

(g) a certificate, or facsimile of a certificate, of the review of the evidence produced by the school bus monitoring system attested to, and signed electronically by, the law enforcement officer who conducted the review, which certificate or facsimile shall be prima facie evidence of the facts contained therein;

(h) instructions for how the person named in the notice of liability may contest the liability pursuant to section 6 of P.L. , c. (C. ) (pending before the Legislature as this bill), including instructions on how to reschedule an administrative hearing;

(i) notice that failure to pay the civil penalty, pursuant to subsection c. of section 4 of P.L. , c. (C. ) (pending before the Legislature as this bill), or to contest liability within 60 days of the mailing of the notice of liability shall:

(i.) subject the owner to a late fee of $25, which fee shall be payable to the municipality; and

(ii.) be deemed an admission of liability in the form of a default judgment and subject the owner to contact and resolution from a debt collection agency;

(j) notice that payment of the civil penalty pursuant to subsection c. of section 4 of P.L. , c. (C. ) (pending before the Legislature as this bill), and any applicable late fees pursuant to this section, shall constitute final disposition of the violation charged.

(4) Failure to pay the civil penalty pursuant to subsection c. of section 4 of P.L. , c. (C. ) (pending before the Legislature as this bill), or to contest the notice of liability, pursuant to section 6 of P.L. , c. (C. ) (pending before the Legislature as this bill), within 60 days of the date the notice of liability was mailed, shall result in a late fee of $25².

b. Any recorded image or information produced in connection with a school bus monitoring system shall not be deemed to be a public record pursuant to P.L.1963, c.73 (C.47:1A-1 et seq.). A recorded image shall not be discoverable as a public record by ²[any] a private² person ²[,] or non-governmental² entity ²[, or governmental agency]², except upon a subpoena issued by a grand jury or a court order in a criminal matter, nor shall it be offered in evidence in any civil or administrative proceeding not directly related to a violation of subsection a. of section 1 of P.L.1942, c.192 (C.39:4-128.1).

Any recorded image or information produced in connection with a school bus monitoring system pertaining to a specific violation shall not be retained for more than ²[60] 120² days after the collection of any civil penalty imposed, and shall be purged ²thereafter². All recorded images and information collected and not resulting in the issuance of a ²[summons] notice of liability² shall be purged within ²[95] 365² days of the recording.

c. Except as provided in subsection d. of this section, the owner of a motor vehicle shall be liable for a ²[summons] notice of liability² issued for a ²camera-based² violation ²[of subsection a. of section 1 of P.L.1942, c.192 (C.39:4-128.1) as evidenced by a recorded image captured by a school bus monitoring system installed and used in accordance with P.L. , c. (C. ) (pending before the Legislature as this bill)]².

d. A lessor or owner of a motor vehicle shall not be liable for a ²[summons] notice of liability² issued pursuant to this section if ²within 60 days of mailing the notice of liability²:

(1) the lessor demonstrates that the motor vehicle was used without the lessor’s express or implied consent. The lessor shall notify the ²[clerk of the court] municipality² where the case is pending by a notarized affidavit of the circumstances of the exception by providing the name and address of the motor vehicle operator or registrant;

(2) the ²lessor or owner demonstrates that a² lessee was operating or in possession of the motor vehicle at the time of the alleged ²camera-based² violation ²[of subsection a. of section 1 of P.L.1942, c.192 (C.39:4-128.1)]². The lessor ²[at the time of the offense] or owner² shall notify the ²[clerk of the court where the case is pending] municipality, its agent, or the local hearing officer² by a notarized affidavit of the circumstances of the exception ²[by providing] and provide a copy of the rental agreement, lease, or other documentation evidencing the circumstances of the vehicle on the date of the camera-based violation, including² the name and address of the lessee, after which the lessor shall not be required to attend any hearing for the offense unless directed by the ²[court] local hearing officer. If the lessor or rental car company provides the information required by this paragraph, the lessee shall be subject to liability for a camera-based violation²; ²[or]²

(3) the owner, lessor, or lessee demonstrates that the motor vehicle was stolen at the time the ²camera-based² violation occurred. The owner or lessee shall notify the ²[clerk of the court] municipality, its designated agent, or the local hearing officer corresponding to² where the ²[case is pending] alleged camera-based violation occurred² by a notarized affidavit of the circumstances of the exception by providing a copy of the police report regarding the theft of the motor vehicle ²; or

(4) the owner, lessor, or lessee demonstrates that a uniform traffic ticket in the form of a summons alleging a violation of subsection a. of section 1 of P.L.1942, c.192 (C.39:4-128.1) was issued for the same violation at the approximate date, time, and location of the camera-based violation. The owner, lessor, or lessee shall notify the municipality, its designated agent, or the local hearing officer by a notarized affidavit of the circumstances of the exception and provide a copy of the uniform traffic ticket².

Any notarized affidavit submitted pursuant to this subsection shall be in a form prescribed by the ²[Administrative Director of the Courts] municipality².

e. An owner or lessor of a motor vehicle who pays any civil penalty or fee for a ²camera-based² violation ²[issued in connection with a recorded image captured by a school bus monitoring system]² shall have the right to recover that sum from the operator of the motor vehicle in a court of competent jurisdiction.

²6. (New section) a. A municipality shall develop and make electronically available a contest of liability form by which a petitioner may contest an alleged camera-based violation.

b. Within 60 days of the mailing of the notice of liability, the petitioner shall submit a contest of liability form to the municipality, or a designated agent of the municipality, which contest of liability form shall assert a defense to the alleged camera-based violation, and:

(1) request an administrative hearing, which hearing may be conducted in person or virtually, in accordance with subsection c. of this section; or

(2) waive the right to appear at an administrative hearing, request the local hearing officer to review the recorded image remotely, and receive a written determination as to the petitioner’s liability for the camera-based violation by mail.

c. Within 120 days following receipt of a contest of liability form submitted pursuant to subsection b. of this section, the municipality, or a designated agent of the municipality, shall mail a hearing notice to the petitioner by first class mail. At a minimum, the hearing notice shall include a hearing date and may, at the discretion of the municipality, include in-person and virtual administrative hearing options. Upon receipt of the hearing notice, the petitioner may:

(1) reschedule the administrative hearing once by submitting a written request to the office of the local hearing officer at least five calendar days prior to the scheduled administrative hearing; or

(2) cancel the scheduled administrative hearing by paying the penalty assessed in the notice of liability at any time prior to the administrative hearing.

d. All testimony taken at the administrative hearing adjudicated pursuant to this section shall be under oath. At a minimum, the hearing officer shall take testimony from the law enforcement agency that issued the notice of liability to the petitioner and from the petitioner. The local hearing officer shall review the recorded images. Formal rules of evidence shall not apply. However, due process shall be observed and shall govern the proceedings.

e. At the conclusion of the administrative hearing, the local hearing officer shall determine, by a preponderance of the evidence, whether a camera-based violation has occurred and if the notice of liability is enforceable or should be dismissed. The local hearing officer shall issue a final administrative order, including the determination and, if the notice of liability is enforceable, require the petitioner to pay the civil penalty previously assessed in the notice of liability, and shall also require the petitioner to pay costs, not to exceed $100, to be used by the municipality of operational costs relating to the hearing process or public safety purposes. The final administrative order shall be mailed to the petitioner by first class mail, which mailing shall constitute notice.

f. The municipality, or a designated agent of the municipality, in which the administrative hearing is adjudicated pursuant to this section, shall collect the proceeds of any fines assessed, which fines shall be credited as follows:

(1) $250 to the municipality; and

(2) $50 to the school district that operates or provides the school bus, whether owned or contracted for services, associated with the camera-based violation.

A municipality may enter into a memorandum of understanding with a school district to effectuate any provision of this subsection.²

²7. (New section) Within 20 days of receipt of a final administrative order entered pursuant to subsection e. of section 6 of P.L. , c. (C. ) (pending before the Legislature as this bill), an aggrieved party may file an appeal with the Superior Court, Law Division, in the same county where the camera-based violation occurred, in accordance with the rules and procedures set forth in the Rules of Court as may be established by the Supreme Court of New Jersey.²

²[6] 8². (New section) a. ¹[The Commissioner of Education and the Superintendent of State Police shall adopt, pursuant to the “Administrative Procedure Act,” P.L.1968, c.410 (C.52:14B-1 et seq.), rules and regulations to effectuate the purposes of this act, including, but not limited to, specifications and certification procedures for the school bus monitoring systems and devices that may be installed under the provisions of this act.

b.]¹ The Chief Administrator of the New Jersey Motor Vehicle Commission may adopt, as appropriate or necessary, pursuant to the “Administrative Procedure Act,” P.L.1968, c.410 (C.52:14B-1 et seq.), rules and regulations to effectuate the purposes of this act, including, but not limited to, specifications and certification procedures for the school bus monitoring systems and devices that may be installed under the provisions of ²[this act] P.L. , c. (C. ) (pending before the Legislature as this bill)².

¹[c.] b.¹ The Supreme Court of New Jersey may adopt Rules of Court as appropriate or necessary to effectuate the purposes of ²[this act] P.L. , c. (C. ) (pending before the Legislature as this bill)².

²[7] 9². This act shall take effect on the first day of the seventh month next following enactment, but ¹[the Commissioner of Education, the Superintendent of State Police, and]¹ the ²Supreme Court of New Jersey may adopt Rules of Court as necessary to effectuate the purposes of this act prior to the effective date of this act and the² Chief Administrator of the New Jersey Motor Vehicle Commission may take any anticipatory administrative action in advance of that date as shall be necessary for the implementation of this act.