__PA__ - Act 38 - VEHICLE CODE (75 PA.C.S.) - ENFORCEMENT OF FAILURE TO STOP FOR SCHOOL BUS WITH FLASHING RED LIGHTS AND VISUAL SIGNALS ON AUTHORIZED VEHICLES - Pennsylvania Unconsolidated Statutes | Trellis Law (2024)

 

Session of 2020

No. 2020-38

HB 364

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; and, in other required equipment, further providing
for visual signals on authorized vehicles.

The General Assembly of the Commonwealth of Pennsylvania hereby enacts as follows:

Section 1. Section 3345.1(b)(1), (c), (f), (h) introductory paragraph, (i) and (m) of Title 75
of the Pennsylvania Consolidated Statutes are amended, subsection (e) is amended by
adding a paragraph and the section is amended by adding subsections to read:

§ 3345.1. Enforcement of failure to stop for school bus with flashing red lights.

* * *

(b) Applicability.--

(1) Except as provided in paragraph (2), this section shall apply to [a driver] 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.

* * *

(c) Liability.--For each violation of section 3345 enforced under this section, the [driver]
owner of the motor vehicle shall be liable as follows:

(1) The penalty for the violation shall be [as provided in sections 1535(a) (relating
to schedule of convictions and points) and 3345.] a civil penalty with a fine of $300. The fine shall be distributed as follows:

(i) $250 to the school district where the violation occurred, which shall be utilized
for the installation or maintenance of side stop signal arm enforcement systems on
school buses;

(ii) $25 to the police department that reviewed the evidence package to determine the violation
occurred; 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) [(Reserved).] 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.

* * *

(e) Limitations.--

* * *

(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 the driver, the passengers or the contents of the
vehicle.

(ii) No notice of liability issued under this section may be dismissed solely because a
photograph or recorded video image allows for the identification of the driver, passengers
or contents of the vehicle as long as a reasonable effort has been made to comply
with this paragraph.

* * *

(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 named in the
notice of the violation was not operating the 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.

(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 shall be a defense to a violation under this section that
the vehicle has been reported to a 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 vehicle at the time of the offense.

* * *

(h) Duty of manufacturer or vendor.--A manufacturer or vendor of side stop signal arm
enforcement systems shall submit the following information to the [school entity]
police orpolice department:

* * *

(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 officers and police departments enforcing
violations of section 3345 and using automated side stop signal arm enforcement systems
shall:

(1) Review submitted evidence from the manufacturer or vendor of a system to determine
if there is sufficient evidence that a violation under 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.

(i) [Compensation to manufacturer or vendor.--The compensation paid to the manufacturer
or vendor of the side stop signal arm enforcement system may not be based on the number
of citations issued. The compensation paid to the manufacturer or vendor of the equipment
shall be based upon the value of the equipment and services provided or rendered in
support of the side stop signal arm enforcement system.] (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.

* * *

(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.

"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 [vocational-technical] 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 with two or more camera sensors and computers 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 section 3345.

"Side stop signal arms." As described in section 4552(b.1) (relating to general requirements for school buses).

Section 2. Section 4572 of Title 75 is amended by adding a subsection to read:

§ 4572. Visual signals on authorized vehicles.

* * *

(b.1) Yellow flashing or revolving lights on school vehicles.--School vehicles may be equipped
with a permanently affixed or removable yellow flashing or revolving light, as determined
by regulation of the department. The light shall only be activated when the vehicle
is preparing to stop or is stopped to load and unload students. Nothing under this
subsection shall be construed to permit an activity by a driver of a school vehicle
prohibited under section 3351 (relating to stopping, standing and parking outside
business and residence districts) or 3353 (relating to prohibitions in specified places).

* * *

Section 3. This act shall take effect in 60 days.

APPROVED--The 1st day of July, A.D. 2020.

TOM WOLF

__PA__ - Act 38 - VEHICLE CODE (75 PA.C.S.) - ENFORCEMENT OF FAILURE TO STOP FOR SCHOOL BUS WITH FLASHING RED LIGHTS AND VISUAL SIGNALS ON AUTHORIZED VEHICLES - Pennsylvania Unconsolidated Statutes | Trellis Law (2024)

FAQs

What is 75 pa csa 1797 act vi? ›

The right of the Plaintiff to recover excess and/or outstanding medical bills is further governed by 75 Pa. C.S.A. §1797 (ACT VI), which sets forth the proper reimbursable amounts permitted for medical treatment arising out of a motor vehicle accident at 110% of what Medicare would pay a provider for the same service.

What is pa title 75 stopping standing parking? ›

§ 3351. Stopping, standing and parking outside business and residence districts. (a) General rule. --Outside a business or residence district, no person shall stop, park or stand any vehicle, whether attended or unattended, upon the roadway when it is practicable to stop, park or stand the vehicle off the roadway.

What is an abandoned vehicle in PA 75? ›

(a) Abandonment on highway. --No person shall abandon a vehicle upon any highway. (b) Abandonment on public or private property. --No person shall abandon a vehicle upon any public or private property without the express or implied consent of the owner or person in lawful possession or control of the property.

In which of the following situations must you stop for a school bus with flashing red lights? ›

If you see flashing red lights on a stopped school bus on the other side of the road, you must stop until the lights stop flashing, unless the roadway is divided by a median or wall, or if there are two or more lanes of traffic traveling in each direction.

What is pa title 75 section 7721? ›

Operation on streets and highways. (a) General rule. --Except as otherwise provided in this chapter, it is unlawful to operate a snowmobile or an ATV on any street or highway which is not designated and posted as a snowmobile or an ATV road by the governmental agency having jurisdiction.

What is pa title 75 section 1799? ›

(a) General rule. --All insurance companies authorized to write private passenger automobile insurance within this Commonwealth shall provide premium discounts for motor vehicles equipped with passive restraint devices.

What is pa title 75 driving at unsafe speed? ›

§ 3361.

No person shall drive a vehicle at a speed greater than is reasonable and prudent under the conditions and having regard to the actual and potential hazards then existing, nor at a speed greater than will permit the driver to bring his vehicle to a stop within the assured clear distance ahead.

Is there a statute of limitations on parking tickets in PA? ›

(e) Three-year limitation. --No suspension may be imposed based upon a parking violation more than three years after the commission of the violation.

What happens if you don t pay a parking ticket in Pennsylvania? ›

Failure to pay the ticket will result in citation, summons, escalated fine, court costs, and processing fees. Payment may be mailed to the Police Department, deposited in the red Fine-O-Meter courtesy box located outside of the Police Department, or paid at the Police Department during regular business hours.

What is the Disposition of Abandoned and Unclaimed Property Act in PA? ›

Unclaimed property in Pennsylvania is governed by Pennsylvania's Disposition of Abandoned and Unclaimed Property Act, 72 P.S. §§ 1301.1-1301.29, also known as Pennsylvania's “escheat” law. This law governs who will ultimately own and control abandoned funds.

How long before personal property is considered abandoned in Pennsylvania? ›

If the intent is conveyed to the landlord, the personal property shall be retained by the landlord at a site of the landlord's choosing for thirty days. If no communication is made to the landlord within ten days, the property may be disposed of at the end of the ten days at the discretion of the landlord.

How long can a vehicle sit before it is considered abandoned in PA? ›

"Abandoned vehicle."

(ii) The vehicle has remained illegally on a highway or other public property for a period of more than 48 hours. (iii) The vehicle is left unattended on or along a highway or other public property for more than 48 hours and does not bear all of the following: (A) A valid registration plate.

What is failure to yield ranked? ›

According to the National Highway Traffic Safety Administration, failure to yield is the fourth-leading cause of fatal crashes for drivers in the U.S.

What is the void area around your car? ›

Void Areas

The areas are often “invisible” if just looking out the windows, but when using mirrors those areas become visible and allow drivers to see more completely around their vehicles. The “invisible” areas around the car are commonly referred to as the VOID AREAS.

What does a large diamond painted in a lane mean? ›

Symbols are used to indicate permitted lane usages. A diamond indicates a lane reserved for use by high-occupancy vehicles.

What is the PA Landowner liability Act? ›

​RECREATION USE OF LAND & WATER ACT

The Act protects public and private landowners from liability for simple negligence for injuries arising out of the free recreational use of lands and waters.

What is PA premises liability law? ›

Pennsylvania's premises liability laws hold businesses and individuals liable for injuries they cause. Depending on the specifics of your case, you may be entitled to economic damages, non-economic damages, wrongful death damages, and possibly punitive damages if you file a premises liability claim.

What is the Pennsylvania motor vehicle Financial Responsibility Act in Act 6 of 1990? ›

The Pennsylvania Motor Vehicle Financial Responsibility Act, in Act 6 of 1990, contains provisions limiting the amount of payment a provider can receive for providing treatment to an injured person when that injury is covered by liability or uninsured and underinsured benefits or first party medical benefits.

What is PA Statute 75 3310? ›

Following too closely. (a) General rule. --The driver of a motor vehicle shall not follow another vehicle more closely than is reasonable and prudent, having due regard for the speed of the vehicles and the traffic upon and the condition of the highway.

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