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.

     

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LC02654/SUB A

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