SB 62: School Bus Safety Act

Introduction:

This briefing document provides an overview of Ohio Senate Bill (S.B.) No. 62, the “School Bus Safety Act,” as introduced in the 136th General Assembly. The bill proposes several amendments and enactments to the Ohio Revised Code with the primary goals of deterring illegal passing of school buses and increasing public awareness of school bus safety. The key mechanisms for achieving these goals include the implementation of a civil penalty system for unidentified drivers who illegally pass school buses equipped with monitoring systems, the designation of August as “School Bus Safety Awareness Month,” and the establishment of a fund to support school bus safety features.

Main Themes and Important Ideas/Facts:

1. Civil Penalty System for Unidentified Illegal Passers:

• The bill introduces a new civil penalty system specifically for cases where a school bus is illegally passed, but the driver cannot be identified through traditional means. This system relies on evidence captured by school bus violation detection monitoring systems (cameras).
• Key Provisions:New sections 4511.753 to 4511.757 of the Revised Code outline the procedures for issuing notices of violation, contesting violations, and imposing civil penalties.
• A civil penalty of three hundred dollars may be issued to the registered owner of the vehicle if the driver’s identity cannot be established and the recorded images clearly identify the vehicle’s license plate.
• This system is contingent on the entity responsible for the school bus operation having installed violation detection monitoring systems on all actively operated school buses with regular transportation routes.
• A notice of violation will only be issued if the recorded image meets specific requirements, including showing the school bus violation, date and time, actuated red light signals or stop warning sign, and the vehicle’s license plate.
• The bill defines “recorded images” as “two or more photographs, microphotographs, electronic images, or digital images” or “Videotape” that clearly show the rear of the vehicle and its license plate.
• Quote: “If the identity of the driver of a vehicle that is the subject of a violation of division (A) of this section cannot be established through investigation or otherwise, the registered owner of a vehicle may be fined a civil penalty of three hundred dollars in accordance with sections 4511.753 to 4511.757 of the Revised Code when that owner’s vehicle is used to commit a violation of division (A) of this section.” (Page 28)

1. School Bus Safety Awareness Month:

• The bill formally designates the month of August as “School Bus Safety Awareness Month.”
• Purpose: To “increase public awareness of the need to properly stop when a stopped school bus is loading and unloading passengers.” (Page 2)
• Quote: “The month of August is designated as ‘School Bus Safety Awareness Month’ to increase public awareness of the need to properly stop when a stopped school bus is loading and unloading passengers.” (Page 2)

1. School Bus Safety Fund and Grants:

• The bill establishes a “school bus safety fund” in the state treasury.
• Funding Source: The fund will consist of the civil penalties collected under the new system (sections 4511.753 to 4511.757).
• Use of Funds: The Department of Education and Workforce will use the fund to provide grants to eligible applicants (various school districts and educational service centers) for “school bus safety features.”
• Eligible Safety Features: The bill provides a comprehensive list of eligible features, including: external school bus cameras, crossing arms, lane departure warning systems, electronic stability control, lighted crossover mirrors, specific bus frame standards, fully illuminated stop arms, collision avoidance systems, LED lights, ground wash lights, reflective chevron, and occupant restraining devices.
• Grant Purposes: Funds can be used for purchasing and installing new safety features, replacing old or broken features on current buses, or including additional safety features on newly purchased buses.
• Quote: “The school bus safety fund is created in the state treasury. The fund shall consist of the civil penalties collected in accordance with sections 4511.753 to…” (Page 2)
• Quote: “‘School bus safety feature’ means any of the following: (a) External school bus cameras; (b) Crossing arms; … (l) Occupant restraining devices that conform to the school bus seat belt requirements of 49 C.F.R. 571;” (Page 3)

1. Procedures for Civil Penalty Enforcement:

• The bill details the process for issuing and contesting notices of violation under the civil penalty system.
• Issuance of Notice: Within 30 days of the violation, a law enforcement agency or its agent may issue a notice of violation to the registered owner via regular mail.
• Content of Notice: The notice must include information about the violation, date and time, recorded images, the civil penalty amount ($300), options for the alleged violator (paying the penalty or requesting a court hearing), and the procedure for disclaiming liability (e.g., vehicle theft).
• Liability: The registered owner is presumed liable unless they submit an affidavit identifying the operator or stating the vehicle/license plates were stolen. Motor vehicle dealers and renting dealers can transfer liability by providing the court with the customer’s information.
• Court Hearings: Individuals can request a hearing in municipal or county court to contest the violation. Failure to appear may result in a determination of liability. The non-prevailing party is responsible for court costs and fees.
• Failure to Pay: If the civil penalty and costs are not paid, the court may notify the Registrar of Motor Vehicles, potentially leading to a block on vehicle registration or transfer for the liable person.

1. Disposition of Civil Penalties:

• Collected civil penalties will be distributed as follows:
• Fifty dollars to the school bus safety fund.
• Two hundred fifty dollars to the entity responsible for operating the school bus.
• Use by Operating Entity: These funds must be used for “school bus safety technology initiatives,” which may include defraying the costs of purchasing, installing, operating, and maintaining the violation detection monitoring systems and offsetting law enforcement review expenses.
• Quote: “The civil penalty charged and collected in accordance with sections 4511.753 to 4511.757 of the Revised Code shall be paid as follows: (1) Fifty dollars to the school bus safety fund created in section 3327.18 of the Revised Code; (2) Two hundred fifty dollars to the entity responsible for operation of the school bus.” (Page 41)

1. Amendments to Existing Laws:

• The bill amends several existing sections of the Revised Code to integrate the new civil penalty system and the designation of School Bus Safety Awareness Month.
• Section 4511.75 (the existing law regarding stopping for school buses) is amended to include the new civil penalty provision for unidentified drivers. It also clarifies that if the driver’s identity is established, a criminal citation can be issued, but both a criminal citation and a civil notice for the same violation are prohibited.
• Section 4511.751 is amended and renumbered to 4511.752, and a new section 4511.751 is enacted to provide definitions relevant to the new civil penalty system (e.g., “designated party,” “entity responsible for operation of the school bus,” “school bus violation detection monitoring system”).
• Section 4503.10 (regarding vehicle registration) is amended to include a provision that an application for registration can be refused if a division related to the new civil penalty system (4511.756(D)) prohibits acceptance.
• Similar amendments are made to section 4503.102 (regarding centralized registration renewal) and 4503.12 (regarding the form and content of registration applications) to reflect the potential refusal of registration due to unpaid civil penalties under the new system.
• Section 4511.76 (rules regarding school bus construction and operation) is amended to explicitly authorize entities responsible for school bus operation to purchase, install, operate, and maintain school bus cameras, including violation detection monitoring systems, or contract with private vendors for these services. It also mandates a memorandum of understanding with local law enforcement for review and enforcement support.

Potential Implications:

• Increased Deterrence: The civil penalty system, coupled with camera technology, aims to deter drivers from illegally passing stopped school buses, even if they believe they can avoid traditional law enforcement.
• Financial Support for Safety Enhancements: The School Bus Safety Fund will provide resources for school districts to invest in various safety features for their buses.
• Administrative Burden: Implementing and managing the civil penalty system will likely create additional administrative responsibilities for school districts, law enforcement agencies, and the courts.
• Public Awareness: The designation of August as School Bus Safety Awareness Month could help raise public consciousness about the dangers of illegally passing school buses.
• Technological Implementation: The bill necessitates the widespread adoption of school bus violation detection monitoring systems to effectively utilize the civil penalty system.

Conclusion:

Ohio Senate Bill 62 represents a comprehensive effort to enhance school bus safety through a combination of public awareness initiatives, financial support for safety technologies, and a novel civil penalty system targeting unidentified drivers who illegally pass school buses. The effectiveness of the bill will likely depend on the successful implementation of the camera systems, the efficient processing of violations, and the extent to which the civil penalties deter unsafe driver behavior.