Chapter 105
2011 -- S 0144 SUBSTITUTE B
Enacted 06/22/11
A N A C T
RELATING TO
MOTOR AND OTHER VEHICLES -- SCHOOL BUS SAFETY
ENFORCEMENT
Introduced By: Senators Ruggerio, Gallo, Lanzi, Tassoni, and Metts
Date Introduced: February 03, 2011
It is enacted by the
General Assembly as follows:
SECTION 1. Sections 31-51-2, 31-51-3, 31-51-5 and 31-51-7 of
the General Laws in
Chapter 31-51 entitled
"School Bus Safety Enforcement" are hereby amended to read as
follows:
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.
31-51-3.
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. Provided, that in an action brought
pursuant to the provisions of this chapter, references in
chapter 31-41.1 to an “operator” shall
apply to the registered owner of the vehicle. Citations A
summons 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 summonses issued
based on evidence obtained from a live digital
video school bus violation detection monitoring system
shall be issued within seven (7) ten (10)
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
summons 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 summons
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 as well as
the date, time, and location of the violation.
In addition, the following information shall be
attached to or accompany the summons:
(1) Copies of two (2)
or more photographs, or microphotographs, videos, or other
recorded images taken as proof of the violation;
(2) A signed statement
certified under the penalties of perjury by a trained law
enforcement officer that, based on inspection of recorded images
and video, the motor vehicle
was being operated in violation of this chapter;
(3) A signed
statement that recorded images are evidence of a
violation of this chapter;
(4) A statement that
the person who receives the summons under this chapter may either
pay the civil fine in accordance with the provisions of
section 31-51-2.2, proceed under
subdivision 31-51-5(c)(3) of this section, or elect to stand
trial for the alleged violation;
(5) A signed
affidavit by a person who witnessed the motor vehicle being operated in
violation of this chapter; and
(6) A signed
statement certified under the penalties of perjury by a trained law
enforcement officer that the summons and attachments required
under this subsection were
mailed to the address of the registered owner kept on file
by the registry of motor vehicles.
(e) Any summons
issued pursuant to this chapter shall be issued by a law
enforcement
officer authorized to issue a traffic violation summons
pursuant to title 31 of the general laws.
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:
(1) Copies of two
(2) or more photographs, or microphotographs, videos, or other
recorded images taken as proof of the violation;
(2) 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;
(3) A statement that
recorded images are evidence of a violation of this chapter; and
(4) 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
(5) A signed
affidavit by a person who witnessed live the motor vehicle being operated
in violation of section 31-20-12.
31-51-5.
Driver/registered owner liability. -- (a) The
registered owner of the a motor
vehicle shall not operate or allow the motor vehicle to be
operated in violation of this chapter.
There shall be a rebuttable presumption that the
registered owner of the vehicle that is
photographed pursuant to this chapter was operating the vehicle.
(b) In all
prosecutions of civil traffic violations based on evidence obtained from a live
digital video school bus violation detection monitoring
system as provided under this chapter, the
registered owner of the vehicle shall be primarily responsible
in all prosecutions of violations
pursuant to the provisions of this chapter, except as
otherwise provided under this chapter.
(c) In the event that
the registered owner of the vehicle operated in violation of this
chapter was not the operator of the vehicle at the time of
the violation, the registered owner shall
either:
(1) Accept
responsibility for the violation by paying the fine; or
(2) Upon receipt of
the notice of the violation, provide the issuing authority, within
twenty (20) days of the date of issuance, the name and
address of the individual operating the
vehicle at the time which the violation occurred.
(d) It shall be prima
facie evidence, establishing a rebuttable presumption, that the owner
of the registered motor vehicle was the operator of the vehicle
at the time of the violation if the
registered owner of the motor vehicle fails to pay the fine and
fails to proceed under subdivision
31-51-5(c)(2). Evidence
offered pursuant to this chapter shall be sufficient to establish a violation
of section 31-51-2.2 by clear and convincing evidence.
(e) The owner of a
rented or leased motor vehicle may establish non-liability for
violations issued pursuant to this chapter by providing to the
issuing authority a copy of the
written rental or a lease agreement which shall be prima
facie evidence, establishing a rebuttable
presumption, that the lessee was the operator of the vehicle. In
the event that the lessee was not
the operator of the motor vehicle at the time of the
violation, the lessee shall either:
(1) Accept
responsibility for the violation by paying the fine; or
(2) Upon receipt of
the notice of the violation, provide the issuing authority within twenty
(20) days of the date of
issuance, the name and address of the individual operating the vehicle at
the time which the violation occurred.
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.
31-51-7.
Nature of violations. -- Notwithstanding any other
provision of law:
(a) No violation for
which a civil penalty fine 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 record" may provision of section
31-41.1-7 shall not be
used to dismiss an action brought pursuant to this
chapter.
SECTION 2. Chapter 31-51 of the General Laws entitled
"School Bus Safety
Enforcement" is hereby
amended by adding thereto the following sections:
31-51-2.2. Stopping for school bus required--penalty for violation. –
(a) Any vehicle
being operated upon a street, highway, private way or
private or public parking area upon
meeting or overtaking from any direction any school bus on
which there is in operation flashing
red lights, shall stop before reaching the bus. The
vehicle shall not proceed until the bus resumes
motion or until the flashing lights are no longer actuated.
An owner and/or operator of a motor
vehicle operated in violation of this section based on
evidence obtained from a live digital video
school bus violation detection monitoring system shall, upon
conviction of a violation of this
section, be punished by a civil fine of not less than two
hundred fifty dollars ($250) nor more than
five hundred dollars ($500) and/or suspension of his or
her driving license for a period not to
exceed thirty (30) days.
(b) A law enforcement
officer authorized to issue a traffic violation summons pursuant to
title 31 of the general laws may issue a summons of a
violation of this chapter based on evidence
from a live digital video school bus violation detection
monitoring system; provided, that the
statement of testimony, or evidence provides the law
enforcement officer with sufficient probable
cause that a violation under this section was committed.
The summons shall be in the form
referred to in section 31-51-3.
31-51-5.1.
Revenue. – The revenue generated from each fine
imposed pursuant to this
chapter 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; and
(3) Twelve and
one-half percent (12.5%) to the municipality where the violation takes
place.
SECTION 3. This act shall take effect upon passage.
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LC00563/SUB B
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