School Bus Stop Arm Camera Violation Enforcement Information, Appeal Process, and Annual Report

Introduction:

The Richland School District participates in the School Bus Stop Arm Camera Violation Enforcement Program as permitted under Section 1. Sections 3345(a.1)(1)(v) and 3345.1 of Title 75 of the Pennsylvania consolidated statutes as amended to read: § 3345. Meeting or overtaking school bus. Under this program, the Richland School District has installed front and rear stop arm cameras on the outside of our primary buses to record violations of "Vehicles" passing or overtaking a school bus when its red lights are flashing and the flashing stop arm (stop sign) is extended to load or unload passengers. The Richland School District averages approximately five hundred (500) stop arm violations per year on various roadways within our school district. The Richland School District administers the Stop Arm Camera Violation Enforcement System and Program and does not use any third-party vendor or administrator. The Richland School District contracts with the Richland Township Police Department to employ a full-time School Resource Officer whose duties include reviewing camera footage and certifying that violation has occurred within the municipalities of Richland Township and the Borough of Geistown. A written Intergovernmental Agreement was formally approved by all entities to allow the School Resource Officer to serve in this capacity.

Contact Information/Complaints or Questions Concerning Violation:

If you have a complaint or a concern regarding the receiving fine related to the School Bus Stop Arm Camera Violation Enforcement Program, please contact our School Resource Officer, Scott Shope, at 814-266-6081 (extension 3107) or via email at [email protected]. Please do not call the Richland Township Police or the Geistown Borough Police Department.

Camera System Information:

Number of buses equipped with Stop Arm Cameras: 19
(This includes all of our regular run buses.)
Type of PennDOT approved Cameras: Zen-tinel
PennDOT Approved School Bus Side Stop Signal Arm Enforcement Systems
Each Bus has at least two (2) stop arm cameras that face toward the front and back to document violations in either direction.

Penalty Information

The penalty under this section of the law is $300 which is issued to the owner of the vehicle and it is classified as a civil penalty and not a criminal penalty. Violations shall not be part of the owner's driving record, there is no suspension of a driver's license, merits or points cannot be assessed against one's license, or be subject to merit ratings for insurance purposes.

Under the School Bus Stop Arm Camera Violation Enforcement Program and law, the distribution of the civil penalty fine is as follows:

$250 to the school district or 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.
$25 to the primary police department that reviewed the submitted evidence package to determine the violation occurred. Through an approved Intergovernmental Agreement with Richland School District, Richland Township, and the Borough of Geistown, the $25 is equally divided with $12.50 going to the respective municipality where the violation occurred and the remaining $12.50 going to the Richland School District to off-set the salary of the School Resource Officer.
$25 to the Commonwealth of Pennsylvania's school bus safety grant program account.

Disclaimer:

It should be noted that the local or state police may still enforce stop arm violations or overtaking a stopped school bus with the red lights flashing and the stop arm extended under Section 3345 of the Pennslyvania traffic code. Under this law, the driver is assessed a criminal penalty fine of $250, along with the issuance of five (5) points, and loss of the driver's license for six (6) months. This is a separate law and is enforced when the police witness or observe a violation.

Contesting a Violation / Appeals Process:

Before initiating an appeal, we highly recommend that you contact our School Resource Officer, Scott Shope, at 814-266-6081 (extension 3107) or via email at [email protected]. Officer Shope can explain the law and discuss the evidence with you.

(1) An owner of the motor vehicle may, within 30 days of the mailing date of the notice of violation from the Richland School District, request a hearing before a hearing officer from the Pennsylvania Department of Transportation (department) 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, Richland School District 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 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 Richland School District may enter into an agreement to designate a person or persons to represent the school district on the school district'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 Richland School District 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 Richland School District shall reimburse the department for the actual cost of the hearing officer designated under paragraph (2).

Annual Report:

No later than July 1 annually, the Richland School District 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 district. 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 the 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.

Richland School District Data for the 2023 Calendar Year:

System Administrator	The Richland School District administers the School Bus Stop Arm Camera Violation Enforcement program. A third-party vendor is not involved.
The number of school buses equipped with side stop signal arm enforcement systems.	19 (This includes all of our regular run buses.)
The number of notices of violations issued.	155
The amount of fines imposed and collected.*	$46,500 Imposed $28,110* Collected *The amount collected will vary as individuals may contest the violation, set up payment plans, or not respond and pay in a timely fashion.
The amounts paid under agreements authorized by this section.	$2,675 to the Richland Township Police Department ($25 per collected violation as per approved Intergovernmental Agreement) Commonwealth of Pennsylvania's School Bus Grant Program ($25 per collected violation): $2,675 $2,600 is paid annually to Miller Motor Company to retrieve and provide video evidence to the School Resource Officer. (Board approved on October 23, 2023.) Notary: $765 Postage: $1,362.30 Legal: $300 Administration: $18,594.86
The results of contested violations.	Total Number of Appeals to District Magistrate: 1 Appeals Upheld (Found Not Liable): 0 Appeals Rejected (Found Liable): 1
Use of additional revenue funds and any grants awarded from the program.	There was no additional revenue received during the period of January 1, 2023, until December 31, 2023. Additionally, the Richland School District did not receive any grants awarded under this program for the above-referenced timeframe.

Act 19 of 2023