Bill Text: CA AB2360 | 2015-2016 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

---

Bill Title: School buses: passing violations: automated video enforcement.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2016-11-30 - From committee without further action. [AB2360 Detail]

Download: California-2015-AB2360-Introduced.html

---

BILL NUMBER: AB 2360	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Alejo

                        FEBRUARY 18, 2016

   An act to amend Section 22454 of the Vehicle Code, relating to
vehicles.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 2360, as introduced, Alejo. School buses: passing violations:
automated video enforcement.
   Existing law requires the driver of any vehicle, upon meeting or
overtaking any schoolbus equipped with required signs that is stopped
for the purpose of loading or unloading any schoolchildren and
displaying a flashing red light signal and stop signal arm, if
equipped with a stop signal arm, to bring the vehicle to a stop
immediately before passing the schoolbus and to not proceed past the
schoolbus until the flashing red light signal and stop signal arm
cease operation. A violation of these provisions is a crime.
   This bill would authorize a school district to install and operate
an automated schoolbus video enforcement system, as defined, for the
purpose of enforcing the violation described above. The bill would
require the county to transfer to the school district, on a monthly
basis, the base fines paid for violations of the provisions described
above when the violation was captured by the automated schoolbus
video enforcement system and the image or video was used to convict
the offender.
   By imposing additional duties on local governments, this bill
would impose a state-mandated local program.
   The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 22454 of the Vehicle Code is amended to read:
   22454.  (a) The driver of any vehicle, upon meeting or overtaking,
from either direction, any schoolbus equipped with signs as required
in this code, that is stopped for the purpose of loading or
unloading any schoolchildren and displays a flashing red light signal
and stop signal arm, as defined in paragraph (4) of subdivision (b)
of Section 25257, if equipped with a stop signal arm, visible from
front or rear, shall bring the vehicle to a stop immediately before
passing the schoolbus and shall not proceed past the schoolbus until
the flashing red light signal and stop signal arm, if equipped with a
stop signal arm, cease operation.
   (b) (1) The driver of a vehicle upon a divided highway or
multiple-lane highway need not stop upon meeting or passing a
schoolbus that is upon the other roadway.
   (2) For the purposes of this subdivision, a multiple-lane highway
is any highway that has two or more lanes of travel in each
direction.
   (c) (1) If a vehicle was observed overtaking a schoolbus in
violation of subdivision (a), and the driver of the schoolbus
witnessed the violation, the driver may, within 24 hours, report the
violation and furnish the vehicle license plate number and
description and the time and place of the violation to the local law
enforcement agency having jurisdiction of the offense. That law
enforcement agency shall issue a letter of warning prepared in
accordance with paragraph (2) with respect to the alleged violation
to the registered owner of the vehicle. The issuance of a warning
letter under this paragraph shall not be entered on the driving
record of the person to whom it is issued, but does not preclude the
imposition of any other applicable penalty.
   (2) The Attorney General shall prepare and furnish to every law
enforcement agency in the state a form letter for purposes of
paragraph (1), and the law enforcement agency may issue those letters
in the exact form prepared by the Attorney General. The Attorney
General may charge a fee to any law enforcement agency that requests
a copy of the form letter to recover the costs of preparing and
providing that copy. 
   (d) (1) Notwithstanding subdivision (c), in addition to any other
monitoring devices lawfully authorized to be installed in or on a
schoolbus, a school district is authorized to install and operate an
automated schoolbus video enforcement system for the purpose of
enforcing violations of subdivision (a).  
   (2) For purposes of this section, an "automated schoolbus video
enforcement system" means a camera system that monitors and records
motor vehicles overtaking or passing a schoolbus when the schoolbus
is stopped and displaying a flashing red signal system and a stop
signal arm, if equipped with a stop signal arm.  
   (e) The county shall transfer, monthly, to the school district
whose schoolbus was involved in the violation, any base fine paid for
a violation of subdivision (a) when the violation was captured by an
automated schoolbus video enforcement system and the image or video
was used to convict the offender.  
   (d) 
    (f)  This section also applies to a roadway upon private
property.
  SEC. 2.  If the Commission on State Mandates determines that this
act contains costs mandated by the state, reimbursement to local
agencies and school districts for those costs shall be made pursuant
to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of
the Government Code.