Amd V & T L, generally; amd §371, Gen Muni L; amd §87, Pub Off L; amd §§1604, 1709, 2503, 2554 & 2590-h, Ed L
Relates to school bus safety cameras; relates to owner liability for failure of operator to stop for a school bus displaying a red visual signal and stop-arm; authorizes school districts to enter into agreements with municipalities for the installation and use of school bus photo violation monitoring systems; makes related provisions.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A4950B
SPONSOR: Magnarelli TITLE OF BILL: An act to amend the vehicle and traffic law, in
relation to school bus photo violation monitoring systems and owner
liability for failure of operator to stop for a school bus displaying a
red visual signal; to amend the general municipal law, in relation to
jurisdiction and procedure; to amend the public officers law, in
relation to certain photographs, videotapes or other recorded images; to
amend the education law, in relation to authorizing school districts to
enter into agreements with municipalities for the installation and use
of school bus photo violation monitoring systems; and providing for the
repeal of such provisions upon expiration thereof
PURPOSE OR GENERAL IDEA OF BILL:
This legislation is intended to protect the health, safety, and welfare
of schoolchildren riding school buses.
SUMMARY OF SPECIFIC PROVISIONS:
Sections 1 through 8-g amend provisions of Article 2-B of the Vehicle
and Traffic Law (VTL) in relation to parking violations bureau adjudi-
cation of notices of liability issued for the failure of motor vehicle
operators to comply with VTL § 1174 (overtaking and passing stopped
school buses displaying red visual signals);
Section 9 establishes a demonstration program authorizing counties not
wholly contained within a city, cities, towns and villages to enact
local laws or ordinances imposing liability on vehicle owners for the
failure of motor vehicle operators to comply with VTL § 11 74 (overtak-
ing and passing stopped school buses displaying red visual signals),
within parameters established by this section. The demonstration program
would empower these municipalities to install and operate school bus
photo violation monitoring systems (stationary or mobile), which could
be installed on school buses owned or operated by the school district
within the municipality pursuant to an agreement. All costs would be
borne by the municipalities subject to the agreements;
Sections 10 through 11-f amend VTL §§ 1809 and 1809-e to exempt notices
of liability issued under the school bus photo violation monitoring
demonstration program from mandatory State traffic ticket surcharges;
Section 12 amends VTL § 1803 to provide for the distribution of fines
and penalties collected under demonstration programs established by
counties;
Sections 13 through 13-d amend General Municipal Law (GML) § 371 in
relation to traffic violations bureau adjudication of notices of liabil-
ity issued for the failure of motor vehicle operators to comply with VTL
§ 1174 (overtaking and passing stopped school buses displaying red visu-
al signals);
Sections 14 and 14-a amend GML § 371(2) in relation to Nassau and
Suffolk County traffic and parking violations agencies' assistance to
the respective counties' district courts in the disposition and adminis-
tration of liability of motor vehicle owners for operators' failure to
comply with VTL § 1174 (overtaking and passing stopped school buses
displaying red visual signals);
Section 15 amends Public Officers Law § 87 to exempt photographs, micro-
photographs, videotape, or other recorded images prepared under the
school bus photo violation monitoring demonstration program from freedom
of information law disclosure;
Section 16 requires that the purchase or lease of equipment for the
school bus photo violation monitoring demonstration program be subject
to GML § 103 (relating to procurement requirements);
Sections 17 through 21 amend Education Law §§1604, 1709, 2503, 2554, and
2590-h to authorize common school districts, union free school
districts, city school districts with a population below 125,000, city
school districts in cities with a population above 125,000, and the New
York City school district to enter agreements with municipalities within
such districts for the installation and use of school bus photo
violation monitoring systems;
Section 22 adds a provision to the Unconsolidated Law regarding agree-
ments between municipalities and school districts;
Section 23 adds a provision to the Unconsolidated Law relating to the
issuance of warning notices to motor vehicle owners;
Section 24 adds a provision to the Unconsolidated Law regarding the
sharing of demonstration program annual reports with local law enforce-
ment agencies; and
Section 25 provides that the law would take effect 30 days after enact-
ment, and expire and be deemed repealed December 1, 2024.
DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION (IF APPLICABLE):
The bill would modify provisions relating to signage, penalties for
violations, the procedure that would take effect in the event of munici-
pal non-payment of costs, agreement withdrawal, the content and sharing
of annual reports,'and extending the sunset by one year.
JUSTIFICATION:
Under current law, a ticket for illegally passing a stopped school bus
displaying a red visual signal can be issued only by a police officer
who witnesses the violation. This bill provides for additional enforce-
ment options by authorizing a demonstration program to allow local
governments to impose liability on the owners of motor vehicles for the
failure of the drivers of such vehicles to comply with the law prohibit-
ing the overtaking and passing of stopped school buses displaying red
visual signals. The program allows for the use of mobile cameras mounted
on school buses, as well as stationary cameras, with the cost to be
borne solely by the municipalities.
Many efforts in New York State have already been undertaken to combat
this problem, with some positive results, such as OPERATION SAFE STOP.
However, the number of violations continues to be alarming. A recent
one-day survey done by the NYS Association for School Pupil Transporta-
tion yielded astounding results and underscores the need for this legis-
lation. On May 1st, 2013, the Association found that the 236 school bus
drivers in 21 school districts in New York in rural, urban and small
city settings that participated in the survey reported 306 illegal pass-
es including 6 "right side" passes. That represents an average of 1.28
illegal passes per school bus. That number, if extrapolated, would
bring the estimated number of illegal passes in the State to over 64,000
on that date alone. Other studies have estimated that more than 50,000
drivers throughout New York on a single school day illegally pass
stopped school buses.
New York has long recognized the paramount importance of protecting
school children transported on school buses, with strong laws and regu-
lations governing school bus operation and safety equipment, school bus
driver qualifications and training, and mandatory stops by other motor-
ists. The use of school bus photo violation monitoring systems (cameras)
is necessary to prevent further deaths and injuries caused by dangerous
motorists who ignore current law. Several other states, including Geor-
gia, Maryland, North Carolina, Iowa, Virginia, Connecticut, and Washing-
ton, have enacted legislation similar to this bill in response to a
growing national concern over illegal passing, or "stop arm violations."
This bill will expand the enforcement tools available in New York to
further address this issue, and will significantly lessen the numbers of
violations that continue to compromise the health, safety and well-being
of our students.
PRIOR LEGISLATIVE HISTORY:
2013-2014: A.7350-A
2015-2016: A.1520-C
2017-18: A.321-B
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
Unknown.
EFFECTIVE DATE:
This act shall take effect on the thirtieth day after it shall have
become a law and shall expire December 1, 2024 when upon such date the
provisions of this act shall be deemed repealed; provided that any such
local law as may be enacted pursuit to this act shall remain in full
force and effect only until December 1, 2024.
