Chapter
118
2008 -- S 2909 SUBSTITUTE A AS AMENDED
Enacted 07/01/08
A N A C T
RELATING TO MOTOR AND
OTHER VEHICLES -- SCHOOL BUS SAFETY
ENFORCEMENT
Introduced By: Senator Paul E. Moura
Date Introduced: April 01, 2008
It is
enacted by the General Assembly as follows:
SECTION
1. Title 31 of the General Laws entitled "MOTOR AND OTHER
VEHICLES"
is hereby amended by adding thereto the following chapter:
CHAPTER 51
SCHOOL BUS SAFETY ENFORCEMENT
31-51-1.
Short title. – This chapter shall be known and may be cited as the
"School Bus
Safety
Enforcement Act."
31-51-2.
Live digital video school bus violation detection monitoring systems. --
(a)
All
school departments of this state are hereby authorized to install and operate
live digital video
school
bus violation detection monitoring systems. Such systems shall at a minimum, be
systems
which
monitor and detect school bus traffic violations. For purposes of this chapter
a live digital
video
school bus violation detection monitoring system means a system with one or
more camera
sensors
and computers which produce live digital and recorded video of motor vehicles
being
operated
in violation of school bus traffic laws. All systems installed for used under
this chapter
must,
at a minimum, produce a live visual image viewable remotely, a recorded image
of the
license
plate, and be able to record the time, date, and location of the vehicle, and a
signed
affidavit
by a person who witnessed the violation via live video.
(b)
The school departments may enter into an agreement with a private corporation
or
other
entity to provide live digital video school bus violation detection monitoring
systems and to
maintain
and operate such systems. Compensation to the private entity that provides such
a
system
and related support service shall not be based on the revenue generated by the
system.
Compensation
to the vendor of the system shall be based on the expense of the services and
the
equipment
provided by the vendor of the system. The school department may enter into an
agreement
for purposes of reimbursement of expenses to the vendor for the installation,
operation
and
maintenance of the live digital video school bus detection and monitoring systems
within its
municipality.
Notwithstanding the terms and conditions contained in any such agreement,
reimbursement
shall be made from ticket revenue proceeds from paid violations, as allocated
pursuant
to section 31-51-5.
31-51-2.1.
Installation and signage. – (a) All vehicles installed with a
live digital video
school
bus violation detection monitoring system shall post a warning sign indicating
the use of
such
system.
(b)
Warning signage shall remain on each vehicle as long as a live digital video
school
bus
violation detection monitoring system is in operation.
31-51-3.
Procedure -- Notice. -- (a) Except as expressly provided in this
chapter, all
prosecutions
based on evidence produced by a live digital video school bus violation
detection
monitoring
system shall follow the procedures established in chapter 41.1 of this title,
chapter 8-
18 of
the general laws and the rules promulgated by the chief magistrate of the
traffic tribunal for
the
hearing of civil traffic violations in the traffic tribunal. Citations may be
issued by an officer
solely
based on evidence obtained by use of a live digital video school bus violation
detection
monitoring
system. All citations issued based on evidence obtained from a live digital
video
school
bus violation detection monitoring system shall be issued within seven (7) days
of the
violation.
Notwithstanding any provisions of the general laws to the contrary, exclusive
jurisdiction
to hear and decide any violation under this chapter shall be with the traffic
tribunal.
(b)
It shall be sufficient to commence a prosecution based on evidence obtained
from a
live
digital video school bus violation detection monitoring system. A copy of the
citation and
supporting
documentation shall be mailed to the address of the registered owner kept on
file by
the
registry of motor vehicles pursuant to section 31-3-34 of the general laws. For
purposes of
this
section, the date of issuance shall be the date of mailing.
(c)
The officer issuing the citation shall certify under penalties of perjury that
the
evidence
obtained from the live digital video school bus violation detection monitoring
system
was
sufficient to demonstrate a violation of the motor vehicle code. Such
certification shall be
sufficient
in all prosecutions pursuant to this chapter to justify the entry of a default
judgment
upon
sufficient proof of actual notice in all cases where the citation is not
answered within the
time
period permitted.
(d)
The citation shall contain all the information provided for on the uniform
summons as
referred
to in section 31-41.1-1 of the general laws and the rules of procedure
promulgated by the
chief
magistrate of the traffic tribunal for the traffic tribunal, as well as the
date, time and location
of
the violation.
(e)
In addition to the information in the uniform summons, the following
information
shall
be attached to the citation as evidence:
(i)
Copies of two (2) or more photographs, or microphotographs, videos, or other
recorded
images taken as proof of the violation;
(ii)
A signed statement by a trained law enforcement officer that, based on
inspection of
recorded
images and video, the motor vehicle was being operated in violation of section
31-20-
12;
(iii)
A statement that recorded images are evidence of a violation of this chapter;
and
(iv)
A statement that the person who receives a summons under this chapter may
either
pay
the civil penalty in accordance with the provisions of section 31-20-12, or
elect to stand trial
for
the alleged violation; and
(v)
A signed affidavit by a person who witnessed live the motor vehicle being
operated in
violation
of section 31-20-12.
31-51-4.
Hearings. -- Evidence from a live digital video school bus violation
detection
monitoring
system shall be considered substantive evidence in the prosecution of all civil
traffic
violations.
Evidence from a live digital video school bus violation detection monitoring
system
approved
by the school department shall be admitted without further authentication and
such
evidence
may be deemed sufficient to sustain a civil traffic violation. In addition to
any other
defenses
as set forth herein, any and all defenses cognizable at law shall be available
to the
individual
who receives the citation commencing a prosecution under this chapter.
31-51-5.
Driver/registered owner liability-- (a) The registered owner of the
motor
vehicle
shall be primarily responsible in all prosecutions brought pursuant to the
provisions of
this
chapter except as otherwise provided in this section.
(b)
In all prosecutions of civil traffic violations based on evidence obtained from
a live
digital
video school bus violation detection monitoring system, the registered owner of
a vehicle
which
has been operated in violation of a civil traffic violation, may be liable for
such violation.
The
registered owner of the vehicle may assume liability for the violation by
paying the fine; or
by
defending the violation pursuant to the procedures in section 31-41.2-4.
(c)
The revenue generated from each fine hereunder shall be allocated as follows:
(1)
seventy-five
percent (75%) to the vendor; (2) twelve and one-half percent (12.5%) to the
state
general
fund; (3) twelve and one-half percent (12.5%) to the municipality;
(d)
The lessee of a leased vehicle shall be considered the owner of a motor vehicle
for
purposes
of this chapter.
31-51-6.
Use of evidence in criminal and civil cases. -- Nothing in this
chapter shall
prohibit
the use of evidence produced by a live digital video school bus violation
detection
monitoring
system in a criminal or private civil proceeding provided that the
admissibility of such
evidence
shall not follow the applicable laws and rules of procedure and rules of
evidence which
apply
in criminal and civil cases.
31-51-7.
Nature of violations. -- Notwithstanding any other provision of law:
(a)
No violation for which a civil penalty is imposed under this chapter shall be
considered
a moving violation, nor shall be included on the driving record of the person
on whom
the
liability is imposed, nor shall it be used for insurance rating purposes in
providing motor
vehicle
insurance coverage.
(b)
Impositions of a penalty pursuant to this chapter shall not be deemed a
criminal
conviction
of an owner or operator;
(c)
The "good driving statement" may not be used to dismiss an action
brought pursuant
to
this chapter.
31-51-8.
Security of records. – (a) The recorded images and live video
produced by a
live
digital video school bus violation detection monitoring system shall not be
deemed “public
records”
subject to disclosure pursuant to subdivision 38-2-2(4)(i).
(b)
All recorded images and live video that do not identify a violation shall be
destroyed
within
twenty-four (24) hours of the date the live video was recorded, unless ordered
by a court of
competent
jurisdiction.
(c)
All recorded images and live video that identify a violation shall be destroyed
within
one
year after the citation is resolved by administrative payment, trial or other
final disposition of
the
citation, unless ordered by a court of competent jurisdiction.
(d)
The privacy of records produced pursuant to this chapter shall be maintained;
provided,
that aggregate data not containing personal identifying information may be
released.
31-51-9.
Reports. – (a) The school department authorizing the installation of
a live
digital
video school bus violation detection monitoring system shall prepare an annual
report
containing
data on:
(1)
the number of citations issued;
(2)
the number of those violations paid;
(3)
the number of those violations found after trial or hearing;
(4)
the number of violations dismissed after trial or hearing;
(5)
the amount of revenue obtained from the live digital video school bus violation
detection
monitoring system.
SECTION
2. This act shall take effect upon passage.
=======
LC02654/SUB A
=======