2023 Pennsylvania Consolidated & Unconsolidated Statutes › Act 19 - VEHICLE CODE (75 PA.C.S.) - ENFORCEMENT OF FAILURE TO STOP FOR SCHOOL BUS WITH FLASHING RED LIGHTS, IMPOSING A PENALTY AND EDITORIAL CHANGE

Session of 2023
No. 2023-19
SB 851
AN ACT
Amending Title 75 (Vehicles) of the Pennsylvania Consolidated Statutes, in rules of
            the road in general, further providing for enforcement of failure to stop for school
            bus with flashing red lights; imposing a penalty; and making an editorial change.
The General Assembly of the Commonwealth of Pennsylvania hereby enacts as follows:
Section 1.  Sections 3345(a.1)(1)(v) and 3345.1 of Title 75 of the Pennsylvania Consolidated Statutes
            are amended to read:
§ 3345.  Meeting or overtaking school bus.
* * *
(a.1)  Reports by school bus operators.--
(1)  The operator of a school bus who observes a violation of subsection (a) may prepare
            a signed, written report which indicates that a violation has occurred. To the extent
            possible, the report shall include the following information:
* * *
(v)  Whether the school bus is equipped with a side stop signal arm enforcement system
            under section 3345.1 (relating to
automated
enforcement of failure to stop for school bus with flashing red lights).
* * *
§ 3345.1.  [Enforcement]
Automated 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)]
this section
.
(a.1)  Violation and liability.--
(1)  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 (relating to meeting or overtaking
            school bus) is a violation of this section.
(2)  The owner of a motor vehicle that violates paragraph (1) shall be liable for the penalty
            imposed under subsection (c), unless the owner is convicted of a violation of section
            3345 or has a defense under subsection (f). For the purposes of this section, the
            lessee of a leased vehicle shall be considered the owner of a motor vehicle.
(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]
Penalty
.--For each violation of [section 3345 enforced under] this section, the owner of
            the motor vehicle shall be [liable]
subject to a penalty
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]
entity
where the violation occurred
and which authorized the use of a side stop signal arm enforcement system
, which shall be utilized for the installation
,
administration
or maintenance of side stop signal arm enforcement systems
, including through a system administrator under an agreement with the school entity,
on school buses;
(ii)  $25 to the
primary
police department that reviewed the
submitted
evidence [package to determine the violation occurred]
as required under subsection (h.2)
; 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]
primary police department
shall be prima facie evidence of the facts contained in it. The school entity
, the system administrator on the school entity
'
s behalf
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
this
section [3345] shall be admissible in any judicial or administrative proceeding to
            adjudicate the liability for the violation
of this section
.
(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
this
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
, nor be configured to identify,
the driver, the passengers or the
interior
contents of the
motor
vehicle.
(ii)  No [notice of liability issued under]
violation of
this section may be dismissed solely because a photograph or recorded video image
            allows for the identification of the driver, passengers or
interior
contents of the
motor
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]
are
kept by the
school entity,
system administrator on the school entity
'
s behalf, contracted company that provides pupil transportation or primary
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
, vehicle information
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]
exclusively used
for the purpose of [discharging their duties under]
enforcing
this section
through side stop signal arm enforcement systems
.
(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]
A system
administrator under an agreement with a school entity
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
motor
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]
school entity,
system
administrator on the school entity
'
s behalf or contracted company that provides pupil transportation
and may not be used for any purpose other than prescribed in this section.
(5)  A violation of this subsection shall constitute a misdemeanor of the third degree
            punishable by a $500 fine. Each violation shall constitute a separate and distinct
            offense.
(6)  A school entity, system administrator or contracted company that provides pupil transportation
            that violates this subsection in which the penalty is a misdemeanor shall be subject
            to 18 Pa.C.S. § 307 (relating to liability of organizations and certain related persons).
(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]
owner
named in the notice of the violation was not operating the
motor
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.
The owner of the motor vehicle may not be required
to disclose the identity of the operator of the motor vehicle at the time of the 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]
It
shall be a defense to a violation under this section that the
motor
vehicle
in the notice of the violation
has been reported to [a]
any
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
motor
vehicle at the time of the offense.
(6)  It shall be a defense to a violation under this section that the side stop signal
            arm enforcement system being used under this section was not in compliance with the
            department's regulations with respect to testing for accuracy, certification or calibration.
(g)  [Approval]
Agreements
.--
(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]
system administrator to initiate actions to enforce this section through a side stop
               signal arm enforcement system
.
(2)  Except as otherwise provided, an agreement under [this section]
paragraph (1)
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).
(3)  Enforcement of this section shall only occur in those jurisdictions where the school
            entity has a written intergovernmental agreement with a primary police department
            for that jurisdiction.
(4)  Compensation under an agreement authorized by this section shall not require a minimum
            or maximum number of violations to be issued that would impact the compensation to
            the system administrator.
(5)  The school entity, or the system administrator on the school entity's behalf, shall
            provide notice through a publicly accessible Internet website that provides guidance
            and information related to the system, including, but not limited to, the number of
            school buses equipped with a system, the appeals process limited to the defenses under
            subsection (f) and contact information. The website shall remain publicly accessible
            throughout the period of use in a manner as determined by the school entity.
(6)  The school entity, or the system administrator on the school entity's behalf, shall
            establish an electronic system where program information and all violations, in conformance
            with this section, can be accessed and viewed by:
(i)  The primary police department for conducting procedures under subsection (h.2).
(ii)  The department's hearing officer for conducting procedures under subsection (i.4).
(7)  The school entity, or the system administrator on the school entity's behalf, may
            utilize an alternative system to share program information and all violations if the
            electronic system is unavailable for any legitimate purpose.
(8)  The department may randomly conduct audits of a school entity, or a system administrator
            on the school entity's behalf, to ensure compliance with this section as determined
            by the department. If the department conducts an audit, the department shall prepare
            a summary of the audit, which shall be posted on the publicly accessible Internet
            website maintained by the school entity or the system administrator on the school
            entity's behalf.
(h)  [Duty of manufacturer or vendor]
Submission of violation information
.--A [manufacturer or vendor of side stop signal arm enforcement systems]
school entity, or a system administrator on the school entity's behalf,
shall submit the following information
regarding a violation of this section
to the [police or]
primary
police department
using the electronic system under subsection (g)(6)
:
(1)  A copy of the recorded image showing the
motor
vehicle.
(2)  The license plate number and state of issuance of the motor vehicle.
(3)  The date, time and place of the alleged violation.
(4)  Not later than July 1 annually, the school entity, or the system administrator on
            the school entity's behalf, shall submit a report to the department and the Pennsylvania
            State Police for the preceding calendar year. The information shall be compiled by
            the department and the Pennsylvania State Police into a report to be jointly submitted
            to the chairperson and minority chairperson of the Transportation Committee of the
            Senate and the chairperson and minority chairperson of the Transportation Committee
            of the House of Representatives by no later than December 31 annually. The report
            shall be posted on the publicly accessible Internet website maintained by the school
            entity or the system administrator on the school entity's behalf. The report shall
            be a public record under the Right-to-Know Law and include:
(i)  The name of the system administrator.
(ii)  The number of school buses equipped with a side stop signal arm enforcement system.
(iii)  The number of notices of violation issued.
(iv)  The amount of fines imposed and collected.
(v)  The amounts paid under agreements authorized by this section.
(vi)  The results of contested violations.
(vii)  Use of additional revenue funds and any grants awarded from the program.
[(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 review required
.--[Police officers and police departments enforcing violations of section 3345 and
            using automated side stop signal arm enforcement systems]
Upon receipt of violation information
under subsection (h), a primary police department
shall:
(1)  Review submitted evidence [from the manufacturer or vendor of a system] to determine
            if [there is sufficient evidence that] a violation under
this
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.]
Notify the school entity, or the system administrator on the school entity
'
s behalf, of the electronic certification of the notice of violation related to the
               primary police department
'
s capacity to view and authorize the notice.
(3)  Restrict the review of submitted evidence under paragraph (1) to an individual who
            is a police officer.
(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.]
(i.2)  Notice of violation.--
(1)  Upon certification from a primary police department that a violation of this section
            has occurred as required by subsection (h.2), a school entity, or a system administrator
            on the school entity's behalf, shall initiate an action to enforce this section by
            sending an administrative notice of violation to the registered owner of the motor
            vehicle identified by a side stop signal arm enforcement system as violating this
            section.
(2)  The notice of violation shall include all of the following:
(i)  A copy of the recorded image showing the motor vehicle.
(ii)  The registration number and state of issuance of the motor vehicle registration.
(iii)  The date, time and place of the alleged violation.
(iv)  Certification of the alleged violation from the primary police department and written
            documentation that the side stop signal arm enforcement system was operating correctly
            at the time of the alleged violation as required under subsection (d).
(v)  Notice that the owner is charged with a violation of this section.
(vi)  Instructions for return of the notice of violation and payment of the fine under subsection
            (i.3).
(vii)  Instructions for contesting the violation under subsection (i.4).
(viii)  A statement that a violation under this section:
(A)  is not deemed a criminal conviction;
(B)  will not be made part of the operating record of the individual upon whom the violation
            of this section is being imposed;
(C)  will not be used to determine a merit rating for insurance purposes; and
(D)  does not authorize the imposition of surcharge points in the provision of motor vehicle
            insurance coverage.
(3)  A notice of violation shall be sent by first class mail as follows:
(i)  In the case of a violation involving a motor 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 listed in the records of the department.
(ii)  In the case of motor 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 motor vehicle.
(iii)  A notice of violation under this section shall be invalid unless provided to the registered
            owner within 90 days of the commission of the violation.
(iv)  A manual or automatic record of mailing prepared by a school entity, or a system administrator
            on the school entity's behalf, in the ordinary course of business shall be prima facie
            evidence of mailing and shall be admissible in a judicial or administrative proceeding
            as to the facts contained in the notice of violation.
(i.3)  Payment of fine.--Payment of the fine shall be as follows:
(1)  An owner of the motor vehicle may admit responsibility for the violation and pay the
            fine provided in the notice of violation personally, through an authorized agent,
            electronically or by mailing both the payment and notice of violation to the school
            entity or to a system administrator on the school entity's behalf.
(2)  Payment of the fine shall operate as a final disposition of the violation of this
            section.
(3)  If payment is not received within 90 days of mailing of the notice of violation, the
            school entity, or a system administrator on the school entity's behalf, may request
            an applicable credit collection agency to resolve the payment amount owed.
(i.4)  Contest of violation.--The procedure for contesting a violation of this section shall
            be as follows:
(1)  An owner of the motor vehicle may, within 30 days of the mailing date of the notice
            of violation, request a hearing before the department's hearing officer to contest
            liability either personally, by an authorized agent or by mailing a request in writing
            on the prescribed form or electronically. A hearing to contest liability may be in
            person or be conducted through live-stream synchronous video conferencing or similar
            virtual presence technology and shall be only at reasonable locations and times set
            by the school entity or the system administrator on the school entity's behalf.
(2)  Upon receipt of a hearing request, the school entity, or the system administrator
            on the school entity's behalf, shall in a timely manner schedule the matter before
            a hearing officer designated by the department. Written notice of the date, time and
            place of hearing shall be sent by first class mail or electronically to the owner
            of the motor vehicle.
(3)  The hearing shall be informal and the rules of evidence shall not apply. The decision
            of the department's hearing officer shall be made within 45 days from the hearing
            date and shall be final, subject to the right of the owner of the motor vehicle to
            appeal the decision under paragraph (4).
(3.1)  The school entity, in coordination with the system administrator, if applicable, may
            enter into an agreement to designate a person to represent the school entity, or the
            system administrator on the school entity's behalf, to administer the hearing to contest
            liability under this subsection.
(4)  If, within 45 days of issuance of the decision of the department's hearing officer,
            the owner of the motor vehicle requests in writing an appeal of the decision of the
            department's hearing officer, the school entity, or the system administrator on the
            school entity's behalf, shall file the notice of violation and supporting documents
            with the office of the magisterial district judge for the magisterial district where
            the violation occurred. A magisterial district judge shall hear and decide the matter
            de novo and shall be restricted to finding an owner liable or not liable for violating
            this section and shall not assign damages to an owner or otherwise impose penalties
            on primary police departments, police officers, school entities, system administrators
            or other persons involved in the appeal process.
(5)  The school entity, or system administrator on the school entity's behalf, shall reimburse
            the department for the actual cost of the hearing officer designated under paragraph
            (2).
(j)  Department approval.--
(1)  No side stop signal arm enforcement system may be used without the approval of the
            department, which shall have the authority to promulgate regulations for the certification
            and use of such systems.
(2)  Any system installed prior to the effective date of this paragraph shall obtain department
            approval within six months of the effective date of the temporary regulations promulgated
            under paragraph (3).
(3)  In order to facilitate the prompt implementation of this section, regulations promulgated
            by the department under this section during the [two]
three
years following the effective date of this section shall be deemed temporary regulations,
            which shall expire [no later than five years following the effective date of this
            section or] upon
the
prompt
promulgation of final regulations. The temporary regulations shall not be subject
            to:
(i)  Sections 201, 202, 203, 204 and 205 of the act of July 31, 1968 (P.L.769, No.240),
            referred to as the Commonwealth Documents Law.
(ii)  The act of June 25, 1982 (P.L.633, No.181), known as the Regulatory Review Act.
(iii)  Section 204(b) of the act of October 15, 1980 (P.L.950, No.164), known as the Commonwealth
            Attorneys Act.
(k)  School Bus Safety Grant Program.--
(1)
The School Bus Safety Grant Program Account is established as a restricted account
            in the General Fund. Money in the account is appropriated on a continuing basis to
            the department for grants under this subsection.
(2)
The surcharge established under section [3345(j)]
3345(j), the portion of the fine established under subsection (c)(1)(iii) and any
               other revenue as provided for under this title
shall be deposited into the account and shall be used by the department to implement
            the School Bus Safety Grant Program[, which is established to promote and increase
            school bus safety, education and training throughout this Commonwealth]. The department
            shall
develop a uniform application process to
award school bus safety grants
in an
amount not to exceed $100,000
on a competitive basis[.]
for the following purposes:
(i)  To promote and increase school bus safety, education and training throughout this
            Commonwealth.
(ii)  To reimburse or pay for, in whole or in part, education, training and other associated
            costs related to the issuance of a commercial learner's permit, commercial driver's
            license or school bus endorsement by the department to an individual for the purpose
            of driving a school bus in this Commonwealth.
(3)
The department may pay any actual administrative costs arising from the administration
            of this section out of the fines deposited into the account. [Independent school bus
            contractors and school entities are eligible for the grant. The department shall develop
            a uniform application process and regulations to administer the grant program.]
(4)  The following are eligible to apply for grants under this subsection:
(i)  Independent school bus contractors.
(ii)  School entities.
(iii)  Municipalities.
(5)  The department shall post information related to this grant program on the department's
            publicly accessible Internet website.
(l)  Contracted companies.--
(1)  No contracted company that provides pupil transportation shall be liable if a side
            stop signal arm enforcement system is vandalized or otherwise malfunctions.
(2)  Nothing in this section shall be construed to require a contracted company that provides
            pupil transportation to take a
school
bus out of service due to a nonfunctioning side stop signal arm enforcement system,
            except that a contracted company shall allow the [manufacturer or vendor of the side
            stop signal arm enforcement system]
school entity, or a system administrator on the school entity's behalf,
access to the
school
bus
for the purpose of repairing and maintaining a side stop signal arm enforcement system
when the
school
bus is not in service at a time mutually agreeable to the contractor and [vendor]
school entity or a system administrator on the school entity's behalf
.
(3)  Independent school bus contractors shall not be held responsible for costs associated
            with the side stop signal arm enforcement system, including, but not limited to, installation,
            maintenance, repair, replacement or removal of the system.
(m)  Definitions.--As used in this section, the following words and phrases shall have
            the meanings given to them in this subsection unless the context clearly indicates
            otherwise:
"Local board of school directors."  A board of directors or other governing authority of a school entity.
["Manufacturer" or "vendor."  A company that creates, owns or has a license or permission to sell, lease or distribute
            a side stop signal arm enforcement system.]
"Primary police department."  Any of the following:
(1)  The police department of the municipality in which a school entity is located if the
            municipality has a police department with authority to issue citations for violations
            of this title.
(2)  The Pennsylvania State Police if the municipality in which a school entity is located
            does not have a police department with authority to issue citations for violations
            of this title, at the sole discretion of the Pennsylvania State Police.
(3)  A police department of the school entity.
"Pupil transportation."  The transport of resident pupils of a school district to and from preprimary, primary
            or secondary schools and students to or from public, private or parochial schools.
            The term does not include transportation for field trips.
"School entity."  A school district, area career and technical school, intermediate unit, charter school,
            regional charter school or cyber charter school.
"Side stop signal arm enforcement system" or "system."  A camera system
installed on a school bus
with [two or more camera sensors and computers]
at least one camera and one computer
that produce recorded video and two or more [film or digital] photographic still
            images of a
motor
vehicle being used or operated in a manner that violates
this
section [3345].
"Side stop signal arms."  As described in section 4552(b.1) (relating to general requirements for school buses).
"System administrator."  A person that creates, owns or has a license or permission to sell, lease, distribute
            or administer a side stop signal arm enforcement system that, consistent with the
            requirements of this section, is under agreement with a school entity to perform,
            but not be limited to, the following:
(1)  Provide for the installation, operation and maintenance of a side stop signal arm
            enforcement system on one or more school buses within a school entity's fleet, regardless
            of whether a school bus is owned, contracted or leased by the school entity.
(2)  Administer the enforcement of a violation of this section through a side stop signal
            arm enforcement system on a school entity's behalf as permitted by this section, including
            maintaining and transmitting records, mailing violation notices, processing violations,
            collecting fines and administering contests of violations, unless a school entity
            designates another person to contest the violations.
Section 2.  This act shall take effect as follows:
(1)  The following provisions shall take effect immediately:
(i)  The amendment of 75 Pa.C.S. § 3345.1(j)(3).
(ii)  This section.
(2)  The remainder of this act shall take effect in 60 days.
APPROVED--The 23rd day of October, A.D. 2023.
JOSH SHAPIRO