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. Under existing law, a driver is not required to stop if they are on the other roadway of a divided or multiple-lane highway, as defined.

This bill would require a driver to stop on a divided highway, unless there is an elevated barrier or the median is unpaved, and would instead punish a violation of the prohibition with a civil penalty.

This bill would authorize a school district to install and operate a stop signal arm enforcement system, as defined, for the purpose of enforcing the prohibition described above. The bill would allow school districts to contract with private vendors for the equipment, operation, and maintenance of a stop signal arm enforcement system. The bill would require additional signage on schoolbuses relative to the stop signal arm enforcement system. The bill would prohibit equipment deployed as part of a stop signal arm enforcement system from being capable of automated or user controlled remote surveillance and would prohibit the equipment’s use for any surveillance purpose except as specified. The bill would make any information, image, or other data captured or generated by the stop signal arm enforcement system confidential, and available only to specified entities for limited purposes, including enforcement and training. The bill would require all alleged violations captured by a stop signal arm enforcement system to be sent within 30 days to a law enforcement agency with specified information, such as a copy of the recorded image and the license plate number. The bill would require a law enforcement agency to review the information, determine if a violation occurred, and issue a citation for a civil penalty when appropriate to the registered owner of the vehicle. The bill would require that a civil penalty that was not paid within 60 days be referred to the Department of Motor Vehicles. The bill would require the department to prohibit the renewal of the vehicle’s registration or title transfer until the penalties are resolved and give notice to the registered owner of the prohibition, among other things. The bill would require the State Board of Education to adopt regulations to provide due process to those cited as a result of a stop signal arm enforcement system and would authorize the board to adopt rules to address student privacy concerns. The bill would require a school district operating a stop signal arm enforcement system to provide an annual report to certain state entities on the use and operation of the system, as described.

Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest.

This bill would make legislative findings to that effect.