"Civil penalty" for passing a school bus, 75 PaCS § 3345.1

[GunLawyer001]

I'm old enough to remember when you had to be accused of something, go to court, have an impartial judge hear your case, and THEN you might be found guilty.

Not so much anymore.

I had a personal experience a few years back with the NJ EZ Pass system, where I received a mailed notice of violation and civil penalty. I had dashcam footage of the tollbooth stop that I allegedly drove through, but they didn't care. There was no option to contest the charge, it would be reported to the credit agencies as an unpaid debt, although the phonedrone I spoke with pretty much admitted that what probably happened was that I paid, went through, and the camera for the adjacent lane caught my tag without registering a payment.

I got them down to me paying $5 or so, and they dropped it. A small injustice, but an injustice, and cheaper than going back into NJ and fighting in court somehow.

Now here in PA, school buses can have video, and if they claim you drove past a bus with flashing lights, they just assess a $300 "civil penalty". In the recent case, my client was passing the bus when the driver put the stop sign out; I don't think that's what the law was intended to fight.

Can it be contested? Sure, but YOU have to initiate a civil case, pay the filing fees (over $100), and then you have the burden of proof as the Plaintiff.

The client is mulling over whether to proceed or just pay the $300.

§ 3345.1. Enforcement of failure to stop for school bus with flashing red lights.

(a) General rule.--A school entity may install and operate a side stop signal arm enforcement system for the purpose of enforcing the provisions of section 3345 (relating to meeting or overtaking school bus) as reported under section 3345(a.1).

(b) Applicability.--

(1) Except as provided in paragraph (2), this section shall apply to an owner of a motor vehicle meeting or overtaking a school bus stopped on a highway or trafficway when the red signal lights on the school bus are flashing and the side stop signal arms are activated as described in section 3345.

(2) Nothing in this section shall supersede the provisions of:

(i) Section 3105(h) (relating to drivers of emergency vehicles).

(ii) Section 3345 (c) or (d).

(c) Liability.--For each violation of section 3345 enforced under this section, the owner of the motor vehicle shall be liable as follows:

(1) The penalty for the violation shall be a civil penalty with a fine of $300. The fine shall be distributed as follows:

(i) $250 to the school district where the violation occurred, which shall be utilized for the installation or maintenance of side stop signal arm enforcement systems on school buses;

(ii) $25 to the police department that reviewed the evidence package to determine the violation occurred; and

(iii) $25 to the School Bus Safety Grant Program Account.

(1.1) The fine under paragraph (1) shall not be subject to 42 Pa.C.S. § 3571 (relating to Commonwealth portion of fines, etc.) or 3573 (relating to municipal corporation portion of fines, etc.).

(2) A rebuttable presumption shall exist that the owner of the vehicle was the driver at the time of the alleged violation.

(3) For each violation under this section, the owner of the vehicle shall be liable for the fine imposed unless the owner is convicted of the same violation under section 3345 or has a defense under subsection (f).

(4) A violation under this section shall not:

(i) be deemed a criminal conviction;

(ii) be made part of the operating record of the individual upon whom the penalty is imposed under section 1535 (relating to schedule of convictions and points);

(iii) be the subject of merit rating for insurance purposes; or

(iv) authorize imposition of surcharge points in the provision of motor vehicle insurance coverage.

(d) Certificate as evidence.--A certificate, or a facsimile of a certificate, based upon inspection of recorded images produced by a side stop signal arm enforcement system and sworn to or affirmed by a police officer shall be prima facie evidence of the facts contained in it. The school entity or the contracted company that provides pupil transportation must include written documentation that the side stop signal arm enforcement system was operating correctly at the time of the alleged violation. A recorded image evidencing a violation of section 3345 shall be admissible in any judicial or administrative proceeding to adjudicate the liability for the violation.

(e) Limitations.--

(1) (i) Notwithstanding any other provision of law, equipment deployed as part of a side stop signal arm enforcement system as provided under this section must be incapable of automated or user-controlled remote surveillance by means of recorded video images.

(ii) Recorded images collected as part of the side stop signal arm enforcement system may only record violations of section 3345 and may not be used for any other surveillance purposes.

(iii) Restrictions under this paragraph shall not be deemed to preclude a court of competent jurisdiction from issuing an order directing that the information be provided to law enforcement officials if the information is reasonably described and is requested solely in connection with a criminal law enforcement action.

(1.1) (i) To the extent practical, an automated side stop signal arm enforcement system shall use necessary technologies to ensure that photographs or recorded video images produced by the system shall not identify the driver, the passengers or the contents of the vehicle.

(ii) No notice of liability issued under this section may be dismissed solely because a photograph or recorded video image allows for the identification of the driver, passengers or contents of the vehicle as long as a reasonable effort has been made to comply with this paragraph.

(2) (i) Notwithstanding any other provision of law, information prepared under this section and information relating to violations of section 3345 enforced under this section which is kept by the police department of the police officer having the authority to exercise police power in the area where the violation occurred, its authorized agents or employees, including recorded images, written records, reports or facsimiles, names, addresses and the number of violations under this section, shall be for the exclusive use of the department of the police officer having the authority to exercise police power in the area where the violation occurred, its authorized agents or employees and law enforcement officials for the purpose of discharging their duties under this section.

(ii) The information shall not be deemed a public record under the act of February 14, 2008 (P.L.6, No.3), known as the Right-to-Know Law.

(iii) The information may be discoverable by court order or otherwise and may be offered in evidence in any action or proceeding which is directly related to a violation of section 3345 enforced under this section or any other violation in connection with a criminal law enforcement action.

(3) Images obtained through the use of a side stop signal arm enforcement system shall be destroyed within one year of final disposition of the recorded event. The vendor of a side stop signal arm enforcement system shall notify the school entity by written notice in accordance with this section that the records have been destroyed.

(4) Notwithstanding any other provision of law, registered vehicle owner information obtained as a result of the operation of a side stop signal arm enforcement system shall not be the property of the manufacturer or vendor of the system and may not be used for any purpose other than prescribed in this section.

(f) Defenses.--

(1) It shall be a defense to a prosecution using a side stop signal arm enforcement system for a violation under section 3345 that the person named in the citation was not operating the vehicle at the time of the violation. The person shall be required to submit evidence to the court that the person was not the driver at the time of the alleged violation.

(2) The person named in the citation shall not be required to identify the actual driver of the vehicle at the time the violation occurred.

(3) It shall be a defense to a violation under this section that the person named in the notice of the violation was not operating the vehicle at the time of the violation. The owner may be required to submit evidence that the owner was not the driver at the time of the alleged violation.

(4) If an owner receives a notice of violation under this section of a time period during which the vehicle was reported to a police department of any state or municipality as having been stolen, it shall be a defense to a violation under this section that the vehicle has been reported to a police department as stolen prior to the time the violation occurred and had not been recovered prior to that time.

(5) It shall be a defense to a violation under this section that the person receiving the notice of violation was not the owner of the vehicle at the time of the offense.

(g) Approval.--

(1) A school entity may enter into an agreement with a private vendor or manufacturer to provide a side stop signal arm enforcement system on each bus within its fleet, whether owned, contracted or leased, up to and including the installation, operation and maintenance of the systems.

(2) Except as otherwise provided, an agreement under this section shall take effect in a school entity by vote of the local board of school directors. The meeting to consider approval of a side stop signal arm enforcement system shall be properly noticed under 65 Pa.C.S. Ch. 7 (relating to open meetings).

(h) Duty of manufacturer or vendor.--A manufacturer or vendor of side stop signal arm enforcement systems shall submit the following information to the police or police department:

(1) A copy of the recorded image showing the vehicle.

(2) The license plate number and state of issuance of the motor vehicle.

(3) The date, time and place of the alleged violation.

(h.1) Duty of school district.--A school district may enter into an intergovernmental agreement with the primary police department with authority to issue violations using an automated side stop signal arm enforcement system. The primary police department is the police department in any municipality in which the school district is located. If a municipality in which the school district where the violation occurred is located does not have its own police department, the school district may petition the Pennsylvania State Police for review of the evidence package from the automated side stop signal arm enforcement system.

(h.2) Duty of police and police department.--Police officers and police departments enforcing violations of section 3345 and using automated side stop signal arm enforcement systems shall:

(1) Review submitted evidence from the manufacturer or vendor of a system to determine if there is sufficient evidence that a violation under section 3345 occurred and electronically certify the notice of violation.

(2) Provide information to a school district related to the police or police department's capacity to view and authorize the notice of violation.

(i) (Reserved).

(i.1) Notice of violation, fines and contest.--The following shall apply:

(1) The following shall apply to notice of violation:

(i) In the case of a violation involving a vehicle registered under the laws of this Commonwealth, the notice of violation must be mailed within 30 days after the commission of the violation or within 30 days after the discovery of the identity of the registered owner, whichever is later, and not thereafter to the address of the registered owner as listed in the records of the department.

(ii) In the case of vehicles registered in jurisdictions other than this Commonwealth, the notice of violation must be mailed within 30 days after the discovery of the identity of the registered owner and not thereafter to the address of the registered owner as listed in the records of the official in the jurisdiction having charge of the registration of the vehicle.

(iii) A notice of violation under this section must be provided to an owner within 90 days of the commission of the offense.

(iv) The notice of violation shall have attached to it a copy of the recorded image showing the vehicle; the registration number and state of issuance of the vehicle registration; the date, time and place of the alleged violation; that the violation charged is under section 3345 and instructions for return of the notice of violation; and instructions for how to request a hearing with the magisterial district judge for the purpose of contesting liability or notice.

(2) The following shall apply to payment of a fine:

(i) An owner may admit responsibility for the violation and pay the fine as indicated on the notice of violation.

(ii) Payment of the fine shall operate as a final disposition of the civil penalty.

(iii) If payment is not received or the owner has not contested liability within 30 days of original notice, the police department may turn the matter over to the Magisterial District Judge where the violation occurred. The Magisterial District Judge may assess liability upon the owner for failure to pay the fine or contest liability.

(3) The following shall apply to contesting liability or notice:

(i) An owner to whom a notice of violation has been issued may, within 30 days of the mailing of the notice, contest the liability alleged in the notice of violation by requesting a hearing with the magisterial district judge where the violation occurred and completing the payment of applicable civil filing fees.

(ii) The primary police department shall file the notice of violation and supporting documents with the magisterial district judge where the violation occurred and the court shall hear and decide the matter.

[Capt]

It just never ends. Big brother will never quit trying

[RockIsland]

Laws, rules, and regulations are for thee, not me.

[Gman106]

On the very first day my newly minted middle daughter driver drove herself to school, she left the house, drove to the corner, made a left and proceeded down the street. Coming the other way was a school bus. According to her, just as she reached and was passing the bus, the driver threw on the lights and out popped the little stop sign. Unsure exactly what do do and since she was already along side the bus, she decided to keep going instead of slamming on the brakes. The bus driver saw it differently, got her (my) license plate number and reported the incident to the police.

I get home from work that afternoon and before I can check my answering machine (this was in the early 2000's), I'm confronted by a crying, panicked kid. She tells me there's a message from the police and explains what happened. I'm like, "Great, your first day on the road and you commit one of the most egregious moving violations possible. This is going to big a big fine and several points on your license. In fact, I don't know the exact punishment but you may even have your license suspended." I call the police number and ask for a Sergeant W. as instructed but he had left for the day. I tell my daughter the fate of her nascent driving career will have to wait until the next day.

Next day after I get settled in at work I dial the phone. I get the Sergeant on the line, identify myself and begin explaining what happened - at least what happened according to my 16 y/o. After a few moments the Sergeant says, "Um, wait...is this Gman? Gman106 from (street I grew up on)?" I say, "Yeah." He says, "Dude, it's Dave. Dave W." I'm like, "Holy shit, Dave, what's up?!" We bullshit for a while catching up and remembering old times. I say, "Dude so what about this bus issue?" He says, "What bus issue?" I'm like "Whew, thanks, man." I told him I'd be sure to remind my daughter to always stop for a school bus. After that, believe me she did. In fact, she would stop for any school bus...make that every school bus...lights flashing, lights not flashing, sitting empty parked in a parking lot...

[Manxdriver]

On the very first day my newly minted middle daughter driver drove herself to school, she left the house, drove to the corner, made a left and proceeded down the street. Coming the other way was a school bus. According to her, just as she reached and was passing the bus, the driver threw on the lights and out popped the little stop sign. Unsure exactly what do do and since she was already along side the bus, she decided to keep going instead of slamming on the brakes. The bus driver saw it differently, got her (my) license plate number and reported the incident to the police.

I get home from work that afternoon and before I can check my answering machine (this was in the early 2000's), I'm confronted by a crying, panicked kid. She tells me there's a message from the police and explains what happened. I'm like, "Great, your first day on the road and you commit one of the most egregious moving violations possible. This is going to big a big fine and several points on your license. In fact, I don't know the exact punishment but you may even have your license suspended." I call the police number and ask for a Sergeant W. as instructed but he had left for the day. I tell my daughter the fate of her nascent driving career will have to wait until the next day.

Next day after I get settled in at work I dial the phone. I get the Sergeant on the line, identify myself and begin explaining what happened - at least what happened according to my 16 y/o. After a few moments the Sergeant says, "Um, wait...is this Gman? Gman106 from (street I grew up on)?" I say, "Yeah." He says, "Dude, it's Dave. Dave W." I'm like, "Holy shit, Dave, what's up?!" We bullshit for a while catching up and remembering old times. I say, "Dude so what about this bus issue?" He says, "What bus issue?" I'm like "Whew, thanks, man." I told him I'd be sure to remind my daughter to always stop for a school bus. After that, believe me she did. In fact, she would stop for any school bus...make that every school bus...lights flashing, lights not flashing, sitting empty parked in a parking lot...

Cop should be fired! And you should have your balls removed by a rabid pit bull!

������. I*m kidding.

On to what the OP posted. The law allowing this action should be amended to require a five second yellow flashing light, witnessed without interruption by camera(s), then the flashing red lights can commence and violations logged. I think that would get rid of Ugly Irma the bus driver screwing people over by flipping the door open and surprising people!

[cdi]

There*s a Fudd school bus driver in my neighborhood. I*m assuming he*s an officious prick on a power trip.
In order to prevent someone from passing his bus, he pull the bus across both lanes blocking the road completely.

It*s a dick move perhaps but I*m thinking of dropping a complaint on First Student about his unsafe practices. I could see a problem involving emergency vehicles, pursuit driving cases and other hazards.

Should I make the complaint, or just unwrap myself from around the axle and move on?

[Carson]

There*s a Fudd school bus driver in my neighborhood. I*m assuming he*s an officious prick on a power trip.
In order to prevent someone from passing his bus, he pull the bus across both lanes blocking the road completely.

It*s a dick move perhaps but I*m thinking of dropping a complaint on First Student about his unsafe practices. I could see a problem involving emergency vehicles, pursuit driving cases and other hazards.

Should I make the complaint, or just unwrap myself from around the axle and move on?

I have seen this maneuver also. I guess the school bus driver is tired of cars going around the reds. Usually lasts for less than a minute. How would this affect an emergency vehicle? If there was a pursuit going by, wouldn*t it be better that he blocked the road ?

[Carson]

Cop should be fired! And you should have your balls removed by a rabid pit bull!

******. I*m kidding.

On to what the OP posted. The law allowing this action should be amended to require a five second yellow flashing light, witnessed without interruption by camera(s), then the flashing red lights can commence and violations logged. I think that would get rid of Ugly Irma the bus driver screwing people over by flipping the door open and surprising people!

I believe the yellow flashing lights have to be activated for a certain distance and/or time before the reds come on. This is what I have seen myself.

[Walleye Hunter]

There*s a Fudd school bus driver in my neighborhood. I*m assuming he*s an officious prick on a power trip.
In order to prevent someone from passing his bus, he pull the bus across both lanes blocking the road completely.

It*s a dick move perhaps but I*m thinking of dropping a complaint on First Student about his unsafe practices. I could see a problem involving emergency vehicles, pursuit driving cases and other hazards.

Should I make the complaint, or just unwrap myself from around the axle and move on?

I'd just let it roll off. It's not like I'm going around anyway.

[Mr_Gixxer]

Fuck school bus runners, they run the reds and stop sign from my kids' bus here all the time. Emergency vehicles aren't even allowed to ignore school bus flashers and signs. I'm almost to the point of paintballing cars as they blast by.