CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Assembly Bill No. 3077Introduced by Assembly Member CaballeroFebruary 16, 2018 An act to amend Sections 21212 and 22454 of the Vehicle Code, relating to vehicles.LEGISLATIVE COUNSEL'S DIGESTAB 3077, as introduced, Caballero. Vehicles: children safety.Existing law requires a person under 18 years of age to wear a properly fitted and fastened bicycle helmet, as specified, while operating, or riding as a passenger upon, a bicycle, a nonmotorized scooter, or a skateboard, or while wearing in-line or roller skates, upon a street, bikeway, or any other public bicycle path or trail. A violation of this provision is an infraction punishable by a fine of not more than $25. Existing law requires the parent or legal guardian having control or custody of an unemancipated minor whose conduct violates this provision to be jointly and severally liable with the minor for the amount of the fine imposed.Existing law also requires a charge under this provision to be dismissed when the person charged alleges in court, under oath, that the charge against the person is the first charge against that person under this provision, unless it is otherwise established in court that the charge is not the first charge against the person.This bill would prohibit additional fees from being added to the above-described fine unless the citation is contested. The bill would authorize a citation for not wearing a bicycle helmet, as specified, to be dismissed by a local agency if the parent or legal guardian of the person in violation of the provision demonstrates that the person has a helmet meeting the specified requirements and the person either commits to wearing the helmet or completes a local bicycle safety course or a related safety course, as specified.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.This bill would authorize a school district to install and operate an automated schoolbus video enforcement system, as defined, for the purpose of enforcing the violation described above. The bill would require additional signage on schoolbuses relative to the video enforcement system. The bill would prohibit a school district from using automated schoolbus video enforcement systems or information gathered from those systems for any purpose other than those authorized by these provisions.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.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 21212 of the Vehicle Code is amended to read:21212. (a) A person under 18 years of age shall not operate a bicycle, a nonmotorized scooter, or a skateboard, nor shall they wear in-line or roller skates, nor ride upon a bicycle, a nonmotorized scooter, or a skateboard as a passenger, upon a street, bikeway, as defined in Section 890.4 of the Streets and Highways Code, or any other public bicycle path or trail unless that person is wearing a properly fitted and fastened bicycle helmet that meets the standards of either the American Society for Testing and Materials (ASTM) or the United States Consumer Product Safety Commission (CPSC), or standards subsequently established by those entities. This requirement also applies to a person who rides upon a bicycle while in a restraining seat that is attached to the bicycle or in a trailer towed by the bicycle.(b) Any A helmet sold or offered for sale for use by operators and passengers of bicycles, nonmotorized scooters, skateboards, or in-line or roller skates shall be conspicuously labeled in accordance with the standard described in subdivision (a) (a), which shall constitute the manufacturers certification that the helmet conforms to the applicable safety standards.(c) No A person shall not sell, or offer for sale, for use by an operator or passenger of a bicycle, nonmotorized scooter, skateboard, or in-line or roller skates any safety helmet which that is not of a type meeting requirements established by this section.(d) Any A charge under this subdivision shall be dismissed when the person charged alleges in court, under oath, that the charge against the person is the first charge against that person under this subdivision, unless it is otherwise established in court that the charge is not the first charge against the person.(e) (1) Except as provided in subdivision (d), a violation of this section is an infraction punishable by a fine of not more than twenty-five dollars ($25). Additional fees shall not be added to a fine imposed for a violation of subdivision (a) unless the citation is contested.The(2) The parent or legal guardian having control or custody of an unemancipated minor whose conduct violates this section shall be jointly and severally liable with the minor for the amount of the fine imposed pursuant to this subdivision.(f) A citation for not wearing a properly fitted and fastened bicycle helmet pursuant to subdivision (a) may be dismissed by local law enforcement or another designated local agency if the parent or legal guardian of the person described in subdivision (a) demonstrates that the person has a helmet meeting the requirements specified in subdivision (a) and the person meets either of the following conditions:(1) The person commits to wearing the helmet pursuant to subdivision (a).(2) The person completes a local bicycle safety course or a related safety course, if one is available, as prescribed by authorities in the local jurisdiction. If a course fee exists in the local jurisdiction, the prohibition against additional fees described in subdivision (e) shall not apply to the course fee.(f)(g) Notwithstanding Section 1463 of the Penal Code or any other provision of law, the fines collected for a violation of this section shall be allocated as follows:(1) Seventy-two and one-half percent of the amount collected shall be deposited in a special account of the county health department, to be used for bicycle, nonmotorized scooter, skateboard, and in-line and roller skate safety education and for assisting low-income families in obtaining approved bicycle helmets for children under the age of 18 years, either on a loan or purchase basis. The county may contract for the implementation of this program, which, to the extent practicable, shall be operated in conjunction with the child passenger restraint program pursuant to Section 27360.(2) Two and one-half percent of the amount collected shall be deposited in the county treasury to be used by the county to administer the program described in paragraph (1).(3) If the violation occurred within a city, 25 percent of the amount collected shall be transferred to to, and deposited in in, the treasury of that city. If the violation occurred in an unincorporated area, this 25 percent shall be deposited and used pursuant to paragraph (1).SEC. 2. Section 22454 of the Vehicle Code is amended to read:22454. (a) The driver of any vehicle, upon meeting or overtaking, from either direction, any schoolbus equipped with signs as required in this code, that is stopped for the purpose of loading or unloading any schoolchildren and displays a flashing red light signal and stop signal arm, as defined in paragraph (4) of subdivision (b) of Section 25257, if equipped with a stop signal arm, visible from front or rear, shall bring the vehicle to a stop immediately before passing the schoolbus and shall not proceed past the schoolbus until the flashing red light signal and stop signal arm, if equipped with a stop signal arm, cease operation.(b) (1) The driver of a vehicle upon a divided highway or multiple-lane highway need not stop upon meeting or passing a schoolbus that is upon the other roadway.(2) For the purposes of this subdivision, a multiple-lane highway is any highway that has two or more lanes of travel in each direction.(c) (1) If a vehicle was observed overtaking a schoolbus in violation of subdivision (a), and the driver of the schoolbus witnessed the violation, the driver may, within 24 hours, report the violation and furnish the vehicle license plate number and description and the time and place of the violation to the local law enforcement agency having jurisdiction of the offense. That law enforcement agency shall issue a letter of warning prepared in accordance with paragraph (2) with respect to the alleged violation to the registered owner of the vehicle. The issuance of a warning letter under this paragraph shall not be entered on the driving record of the person to whom it is issued, but does not preclude the imposition of any other applicable penalty.(2) The Attorney General shall prepare and furnish to every law enforcement agency in the state a form letter for purposes of paragraph (1), and the law enforcement agency may issue those letters in the exact form prepared by the Attorney General. The Attorney General may charge a fee to any law enforcement agency that requests a copy of the form letter to recover the costs of preparing and providing that copy.(d) (1) Notwithstanding subdivision (c), in addition to any other monitoring devices lawfully authorized to be installed in or on a schoolbus, a school district is authorized to install and operate an automated schoolbus video enforcement system for the purpose of enforcing violations of subdivision (a).(2) For purposes of this section, an automated schoolbus video enforcement system means a camera system that monitors and records motor vehicles overtaking or passing a schoolbus when the schoolbus is stopped and displaying a flashing red signal system and a stop signal arm, if equipped with a stop signal arm.(e) (1) A schoolbus equipped with an automated schoolbus video enforcement system shall also be equipped with highly visible signage on the rear of the schoolbus that reads as follows:STOP WHEN LIGHTS ARE FLASHING - ITS THE LAWVIDEO ENFORCED STOP(2) The automated schoolbus video enforcement system shall not activate until at least six seconds after the stop arm is deployed, or if not equipped with a stop arm, at least six seconds after the schoolbus has stopped and its red lights are flashing.(3) A contract between the school district and a vendor to provide administrative or other services for the automated schoolbus video enforcement system, including, but not limited to, processing or storing data collected by the system, shall contain provisions requiring the vendor to provide and install the signage required by this subdivision at the vendors expense.(f) Notwithstanding any other law, any information, image, or other data captured or generated by the automated schoolbus video enforcement system that is transmitted wirelessly is confidential and shall be encrypted and, unless demanded by subpoena, shall be available only to the school district, contractor, law enforcement, or offender for purposes of appeal and enforcing subdivision (a). A school district shall not use an automated schoolbus video enforcement system or any information, image, or other data captured or generated by the automated schoolbus video enforcement system for any purpose other than the purposes authorized by this section.(g) A school district utilizing an automated schoolbus video enforcement system shall provide the video evidence captured by the system to the local law enforcement agency with jurisdiction over the location where the violation occurred.(d)(h) This section also applies to a roadway upon private property.SEC. 3. The Legislature finds and declares that Section 2 of this act, which amends Section 22454 of the Vehicle Code, imposes a limitation on the publics right of access to the meetings of public bodies or the writings of public officials and agencies within the meaning of Section 3 of Article I of the California Constitution. Pursuant to that constitutional provision, the Legislature makes the following findings to demonstrate the interest protected by this limitation and the need for protecting that interest:Protecting the privacy of a person whose image is captured by a schoolbus video enforcement system enhances public safety and the protection of individual rights, thereby furthering the purposes of Section 3 of Article I of the California Constitution.
CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Assembly Bill No. 3077Introduced by Assembly Member CaballeroFebruary 16, 2018 An act to amend Sections 21212 and 22454 of the Vehicle Code, relating to vehicles.LEGISLATIVE COUNSEL'S DIGESTAB 3077, as introduced, Caballero. Vehicles: children safety.Existing law requires a person under 18 years of age to wear a properly fitted and fastened bicycle helmet, as specified, while operating, or riding as a passenger upon, a bicycle, a nonmotorized scooter, or a skateboard, or while wearing in-line or roller skates, upon a street, bikeway, or any other public bicycle path or trail. A violation of this provision is an infraction punishable by a fine of not more than $25. Existing law requires the parent or legal guardian having control or custody of an unemancipated minor whose conduct violates this provision to be jointly and severally liable with the minor for the amount of the fine imposed.Existing law also requires a charge under this provision to be dismissed when the person charged alleges in court, under oath, that the charge against the person is the first charge against that person under this provision, unless it is otherwise established in court that the charge is not the first charge against the person.This bill would prohibit additional fees from being added to the above-described fine unless the citation is contested. The bill would authorize a citation for not wearing a bicycle helmet, as specified, to be dismissed by a local agency if the parent or legal guardian of the person in violation of the provision demonstrates that the person has a helmet meeting the specified requirements and the person either commits to wearing the helmet or completes a local bicycle safety course or a related safety course, as specified.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.This bill would authorize a school district to install and operate an automated schoolbus video enforcement system, as defined, for the purpose of enforcing the violation described above. The bill would require additional signage on schoolbuses relative to the video enforcement system. The bill would prohibit a school district from using automated schoolbus video enforcement systems or information gathered from those systems for any purpose other than those authorized by these provisions.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.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO
CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION
Assembly Bill No. 3077
Introduced by Assembly Member CaballeroFebruary 16, 2018
Introduced by Assembly Member Caballero
February 16, 2018
An act to amend Sections 21212 and 22454 of the Vehicle Code, relating to vehicles.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
AB 3077, as introduced, Caballero. Vehicles: children safety.
Existing law requires a person under 18 years of age to wear a properly fitted and fastened bicycle helmet, as specified, while operating, or riding as a passenger upon, a bicycle, a nonmotorized scooter, or a skateboard, or while wearing in-line or roller skates, upon a street, bikeway, or any other public bicycle path or trail. A violation of this provision is an infraction punishable by a fine of not more than $25. Existing law requires the parent or legal guardian having control or custody of an unemancipated minor whose conduct violates this provision to be jointly and severally liable with the minor for the amount of the fine imposed.Existing law also requires a charge under this provision to be dismissed when the person charged alleges in court, under oath, that the charge against the person is the first charge against that person under this provision, unless it is otherwise established in court that the charge is not the first charge against the person.This bill would prohibit additional fees from being added to the above-described fine unless the citation is contested. The bill would authorize a citation for not wearing a bicycle helmet, as specified, to be dismissed by a local agency if the parent or legal guardian of the person in violation of the provision demonstrates that the person has a helmet meeting the specified requirements and the person either commits to wearing the helmet or completes a local bicycle safety course or a related safety course, as specified.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.This bill would authorize a school district to install and operate an automated schoolbus video enforcement system, as defined, for the purpose of enforcing the violation described above. The bill would require additional signage on schoolbuses relative to the video enforcement system. The bill would prohibit a school district from using automated schoolbus video enforcement systems or information gathered from those systems for any purpose other than those authorized by these provisions.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.
Existing law requires a person under 18 years of age to wear a properly fitted and fastened bicycle helmet, as specified, while operating, or riding as a passenger upon, a bicycle, a nonmotorized scooter, or a skateboard, or while wearing in-line or roller skates, upon a street, bikeway, or any other public bicycle path or trail. A violation of this provision is an infraction punishable by a fine of not more than $25. Existing law requires the parent or legal guardian having control or custody of an unemancipated minor whose conduct violates this provision to be jointly and severally liable with the minor for the amount of the fine imposed.
Existing law also requires a charge under this provision to be dismissed when the person charged alleges in court, under oath, that the charge against the person is the first charge against that person under this provision, unless it is otherwise established in court that the charge is not the first charge against the person.
This bill would prohibit additional fees from being added to the above-described fine unless the citation is contested. The bill would authorize a citation for not wearing a bicycle helmet, as specified, to be dismissed by a local agency if the parent or legal guardian of the person in violation of the provision demonstrates that the person has a helmet meeting the specified requirements and the person either commits to wearing the helmet or completes a local bicycle safety course or a related safety course, as specified.
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.
This bill would authorize a school district to install and operate an automated schoolbus video enforcement system, as defined, for the purpose of enforcing the violation described above. The bill would require additional signage on schoolbuses relative to the video enforcement system. The bill would prohibit a school district from using automated schoolbus video enforcement systems or information gathered from those systems for any purpose other than those authorized by these provisions.
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.
## Digest Key
## Bill Text
The people of the State of California do enact as follows:SECTION 1. Section 21212 of the Vehicle Code is amended to read:21212. (a) A person under 18 years of age shall not operate a bicycle, a nonmotorized scooter, or a skateboard, nor shall they wear in-line or roller skates, nor ride upon a bicycle, a nonmotorized scooter, or a skateboard as a passenger, upon a street, bikeway, as defined in Section 890.4 of the Streets and Highways Code, or any other public bicycle path or trail unless that person is wearing a properly fitted and fastened bicycle helmet that meets the standards of either the American Society for Testing and Materials (ASTM) or the United States Consumer Product Safety Commission (CPSC), or standards subsequently established by those entities. This requirement also applies to a person who rides upon a bicycle while in a restraining seat that is attached to the bicycle or in a trailer towed by the bicycle.(b) Any A helmet sold or offered for sale for use by operators and passengers of bicycles, nonmotorized scooters, skateboards, or in-line or roller skates shall be conspicuously labeled in accordance with the standard described in subdivision (a) (a), which shall constitute the manufacturers certification that the helmet conforms to the applicable safety standards.(c) No A person shall not sell, or offer for sale, for use by an operator or passenger of a bicycle, nonmotorized scooter, skateboard, or in-line or roller skates any safety helmet which that is not of a type meeting requirements established by this section.(d) Any A charge under this subdivision shall be dismissed when the person charged alleges in court, under oath, that the charge against the person is the first charge against that person under this subdivision, unless it is otherwise established in court that the charge is not the first charge against the person.(e) (1) Except as provided in subdivision (d), a violation of this section is an infraction punishable by a fine of not more than twenty-five dollars ($25). Additional fees shall not be added to a fine imposed for a violation of subdivision (a) unless the citation is contested.The(2) The parent or legal guardian having control or custody of an unemancipated minor whose conduct violates this section shall be jointly and severally liable with the minor for the amount of the fine imposed pursuant to this subdivision.(f) A citation for not wearing a properly fitted and fastened bicycle helmet pursuant to subdivision (a) may be dismissed by local law enforcement or another designated local agency if the parent or legal guardian of the person described in subdivision (a) demonstrates that the person has a helmet meeting the requirements specified in subdivision (a) and the person meets either of the following conditions:(1) The person commits to wearing the helmet pursuant to subdivision (a).(2) The person completes a local bicycle safety course or a related safety course, if one is available, as prescribed by authorities in the local jurisdiction. If a course fee exists in the local jurisdiction, the prohibition against additional fees described in subdivision (e) shall not apply to the course fee.(f)(g) Notwithstanding Section 1463 of the Penal Code or any other provision of law, the fines collected for a violation of this section shall be allocated as follows:(1) Seventy-two and one-half percent of the amount collected shall be deposited in a special account of the county health department, to be used for bicycle, nonmotorized scooter, skateboard, and in-line and roller skate safety education and for assisting low-income families in obtaining approved bicycle helmets for children under the age of 18 years, either on a loan or purchase basis. The county may contract for the implementation of this program, which, to the extent practicable, shall be operated in conjunction with the child passenger restraint program pursuant to Section 27360.(2) Two and one-half percent of the amount collected shall be deposited in the county treasury to be used by the county to administer the program described in paragraph (1).(3) If the violation occurred within a city, 25 percent of the amount collected shall be transferred to to, and deposited in in, the treasury of that city. If the violation occurred in an unincorporated area, this 25 percent shall be deposited and used pursuant to paragraph (1).SEC. 2. Section 22454 of the Vehicle Code is amended to read:22454. (a) The driver of any vehicle, upon meeting or overtaking, from either direction, any schoolbus equipped with signs as required in this code, that is stopped for the purpose of loading or unloading any schoolchildren and displays a flashing red light signal and stop signal arm, as defined in paragraph (4) of subdivision (b) of Section 25257, if equipped with a stop signal arm, visible from front or rear, shall bring the vehicle to a stop immediately before passing the schoolbus and shall not proceed past the schoolbus until the flashing red light signal and stop signal arm, if equipped with a stop signal arm, cease operation.(b) (1) The driver of a vehicle upon a divided highway or multiple-lane highway need not stop upon meeting or passing a schoolbus that is upon the other roadway.(2) For the purposes of this subdivision, a multiple-lane highway is any highway that has two or more lanes of travel in each direction.(c) (1) If a vehicle was observed overtaking a schoolbus in violation of subdivision (a), and the driver of the schoolbus witnessed the violation, the driver may, within 24 hours, report the violation and furnish the vehicle license plate number and description and the time and place of the violation to the local law enforcement agency having jurisdiction of the offense. That law enforcement agency shall issue a letter of warning prepared in accordance with paragraph (2) with respect to the alleged violation to the registered owner of the vehicle. The issuance of a warning letter under this paragraph shall not be entered on the driving record of the person to whom it is issued, but does not preclude the imposition of any other applicable penalty.(2) The Attorney General shall prepare and furnish to every law enforcement agency in the state a form letter for purposes of paragraph (1), and the law enforcement agency may issue those letters in the exact form prepared by the Attorney General. The Attorney General may charge a fee to any law enforcement agency that requests a copy of the form letter to recover the costs of preparing and providing that copy.(d) (1) Notwithstanding subdivision (c), in addition to any other monitoring devices lawfully authorized to be installed in or on a schoolbus, a school district is authorized to install and operate an automated schoolbus video enforcement system for the purpose of enforcing violations of subdivision (a).(2) For purposes of this section, an automated schoolbus video enforcement system means a camera system that monitors and records motor vehicles overtaking or passing a schoolbus when the schoolbus is stopped and displaying a flashing red signal system and a stop signal arm, if equipped with a stop signal arm.(e) (1) A schoolbus equipped with an automated schoolbus video enforcement system shall also be equipped with highly visible signage on the rear of the schoolbus that reads as follows:STOP WHEN LIGHTS ARE FLASHING - ITS THE LAWVIDEO ENFORCED STOP(2) The automated schoolbus video enforcement system shall not activate until at least six seconds after the stop arm is deployed, or if not equipped with a stop arm, at least six seconds after the schoolbus has stopped and its red lights are flashing.(3) A contract between the school district and a vendor to provide administrative or other services for the automated schoolbus video enforcement system, including, but not limited to, processing or storing data collected by the system, shall contain provisions requiring the vendor to provide and install the signage required by this subdivision at the vendors expense.(f) Notwithstanding any other law, any information, image, or other data captured or generated by the automated schoolbus video enforcement system that is transmitted wirelessly is confidential and shall be encrypted and, unless demanded by subpoena, shall be available only to the school district, contractor, law enforcement, or offender for purposes of appeal and enforcing subdivision (a). A school district shall not use an automated schoolbus video enforcement system or any information, image, or other data captured or generated by the automated schoolbus video enforcement system for any purpose other than the purposes authorized by this section.(g) A school district utilizing an automated schoolbus video enforcement system shall provide the video evidence captured by the system to the local law enforcement agency with jurisdiction over the location where the violation occurred.(d)(h) This section also applies to a roadway upon private property.SEC. 3. The Legislature finds and declares that Section 2 of this act, which amends Section 22454 of the Vehicle Code, imposes a limitation on the publics right of access to the meetings of public bodies or the writings of public officials and agencies within the meaning of Section 3 of Article I of the California Constitution. Pursuant to that constitutional provision, the Legislature makes the following findings to demonstrate the interest protected by this limitation and the need for protecting that interest:Protecting the privacy of a person whose image is captured by a schoolbus video enforcement system enhances public safety and the protection of individual rights, thereby furthering the purposes of Section 3 of Article I of the California Constitution.
The people of the State of California do enact as follows:
## The people of the State of California do enact as follows:
SECTION 1. Section 21212 of the Vehicle Code is amended to read:21212. (a) A person under 18 years of age shall not operate a bicycle, a nonmotorized scooter, or a skateboard, nor shall they wear in-line or roller skates, nor ride upon a bicycle, a nonmotorized scooter, or a skateboard as a passenger, upon a street, bikeway, as defined in Section 890.4 of the Streets and Highways Code, or any other public bicycle path or trail unless that person is wearing a properly fitted and fastened bicycle helmet that meets the standards of either the American Society for Testing and Materials (ASTM) or the United States Consumer Product Safety Commission (CPSC), or standards subsequently established by those entities. This requirement also applies to a person who rides upon a bicycle while in a restraining seat that is attached to the bicycle or in a trailer towed by the bicycle.(b) Any A helmet sold or offered for sale for use by operators and passengers of bicycles, nonmotorized scooters, skateboards, or in-line or roller skates shall be conspicuously labeled in accordance with the standard described in subdivision (a) (a), which shall constitute the manufacturers certification that the helmet conforms to the applicable safety standards.(c) No A person shall not sell, or offer for sale, for use by an operator or passenger of a bicycle, nonmotorized scooter, skateboard, or in-line or roller skates any safety helmet which that is not of a type meeting requirements established by this section.(d) Any A charge under this subdivision shall be dismissed when the person charged alleges in court, under oath, that the charge against the person is the first charge against that person under this subdivision, unless it is otherwise established in court that the charge is not the first charge against the person.(e) (1) Except as provided in subdivision (d), a violation of this section is an infraction punishable by a fine of not more than twenty-five dollars ($25). Additional fees shall not be added to a fine imposed for a violation of subdivision (a) unless the citation is contested.The(2) The parent or legal guardian having control or custody of an unemancipated minor whose conduct violates this section shall be jointly and severally liable with the minor for the amount of the fine imposed pursuant to this subdivision.(f) A citation for not wearing a properly fitted and fastened bicycle helmet pursuant to subdivision (a) may be dismissed by local law enforcement or another designated local agency if the parent or legal guardian of the person described in subdivision (a) demonstrates that the person has a helmet meeting the requirements specified in subdivision (a) and the person meets either of the following conditions:(1) The person commits to wearing the helmet pursuant to subdivision (a).(2) The person completes a local bicycle safety course or a related safety course, if one is available, as prescribed by authorities in the local jurisdiction. If a course fee exists in the local jurisdiction, the prohibition against additional fees described in subdivision (e) shall not apply to the course fee.(f)(g) Notwithstanding Section 1463 of the Penal Code or any other provision of law, the fines collected for a violation of this section shall be allocated as follows:(1) Seventy-two and one-half percent of the amount collected shall be deposited in a special account of the county health department, to be used for bicycle, nonmotorized scooter, skateboard, and in-line and roller skate safety education and for assisting low-income families in obtaining approved bicycle helmets for children under the age of 18 years, either on a loan or purchase basis. The county may contract for the implementation of this program, which, to the extent practicable, shall be operated in conjunction with the child passenger restraint program pursuant to Section 27360.(2) Two and one-half percent of the amount collected shall be deposited in the county treasury to be used by the county to administer the program described in paragraph (1).(3) If the violation occurred within a city, 25 percent of the amount collected shall be transferred to to, and deposited in in, the treasury of that city. If the violation occurred in an unincorporated area, this 25 percent shall be deposited and used pursuant to paragraph (1).
SECTION 1. Section 21212 of the Vehicle Code is amended to read:
### SECTION 1.
21212. (a) A person under 18 years of age shall not operate a bicycle, a nonmotorized scooter, or a skateboard, nor shall they wear in-line or roller skates, nor ride upon a bicycle, a nonmotorized scooter, or a skateboard as a passenger, upon a street, bikeway, as defined in Section 890.4 of the Streets and Highways Code, or any other public bicycle path or trail unless that person is wearing a properly fitted and fastened bicycle helmet that meets the standards of either the American Society for Testing and Materials (ASTM) or the United States Consumer Product Safety Commission (CPSC), or standards subsequently established by those entities. This requirement also applies to a person who rides upon a bicycle while in a restraining seat that is attached to the bicycle or in a trailer towed by the bicycle.(b) Any A helmet sold or offered for sale for use by operators and passengers of bicycles, nonmotorized scooters, skateboards, or in-line or roller skates shall be conspicuously labeled in accordance with the standard described in subdivision (a) (a), which shall constitute the manufacturers certification that the helmet conforms to the applicable safety standards.(c) No A person shall not sell, or offer for sale, for use by an operator or passenger of a bicycle, nonmotorized scooter, skateboard, or in-line or roller skates any safety helmet which that is not of a type meeting requirements established by this section.(d) Any A charge under this subdivision shall be dismissed when the person charged alleges in court, under oath, that the charge against the person is the first charge against that person under this subdivision, unless it is otherwise established in court that the charge is not the first charge against the person.(e) (1) Except as provided in subdivision (d), a violation of this section is an infraction punishable by a fine of not more than twenty-five dollars ($25). Additional fees shall not be added to a fine imposed for a violation of subdivision (a) unless the citation is contested.The(2) The parent or legal guardian having control or custody of an unemancipated minor whose conduct violates this section shall be jointly and severally liable with the minor for the amount of the fine imposed pursuant to this subdivision.(f) A citation for not wearing a properly fitted and fastened bicycle helmet pursuant to subdivision (a) may be dismissed by local law enforcement or another designated local agency if the parent or legal guardian of the person described in subdivision (a) demonstrates that the person has a helmet meeting the requirements specified in subdivision (a) and the person meets either of the following conditions:(1) The person commits to wearing the helmet pursuant to subdivision (a).(2) The person completes a local bicycle safety course or a related safety course, if one is available, as prescribed by authorities in the local jurisdiction. If a course fee exists in the local jurisdiction, the prohibition against additional fees described in subdivision (e) shall not apply to the course fee.(f)(g) Notwithstanding Section 1463 of the Penal Code or any other provision of law, the fines collected for a violation of this section shall be allocated as follows:(1) Seventy-two and one-half percent of the amount collected shall be deposited in a special account of the county health department, to be used for bicycle, nonmotorized scooter, skateboard, and in-line and roller skate safety education and for assisting low-income families in obtaining approved bicycle helmets for children under the age of 18 years, either on a loan or purchase basis. The county may contract for the implementation of this program, which, to the extent practicable, shall be operated in conjunction with the child passenger restraint program pursuant to Section 27360.(2) Two and one-half percent of the amount collected shall be deposited in the county treasury to be used by the county to administer the program described in paragraph (1).(3) If the violation occurred within a city, 25 percent of the amount collected shall be transferred to to, and deposited in in, the treasury of that city. If the violation occurred in an unincorporated area, this 25 percent shall be deposited and used pursuant to paragraph (1).
21212. (a) A person under 18 years of age shall not operate a bicycle, a nonmotorized scooter, or a skateboard, nor shall they wear in-line or roller skates, nor ride upon a bicycle, a nonmotorized scooter, or a skateboard as a passenger, upon a street, bikeway, as defined in Section 890.4 of the Streets and Highways Code, or any other public bicycle path or trail unless that person is wearing a properly fitted and fastened bicycle helmet that meets the standards of either the American Society for Testing and Materials (ASTM) or the United States Consumer Product Safety Commission (CPSC), or standards subsequently established by those entities. This requirement also applies to a person who rides upon a bicycle while in a restraining seat that is attached to the bicycle or in a trailer towed by the bicycle.(b) Any A helmet sold or offered for sale for use by operators and passengers of bicycles, nonmotorized scooters, skateboards, or in-line or roller skates shall be conspicuously labeled in accordance with the standard described in subdivision (a) (a), which shall constitute the manufacturers certification that the helmet conforms to the applicable safety standards.(c) No A person shall not sell, or offer for sale, for use by an operator or passenger of a bicycle, nonmotorized scooter, skateboard, or in-line or roller skates any safety helmet which that is not of a type meeting requirements established by this section.(d) Any A charge under this subdivision shall be dismissed when the person charged alleges in court, under oath, that the charge against the person is the first charge against that person under this subdivision, unless it is otherwise established in court that the charge is not the first charge against the person.(e) (1) Except as provided in subdivision (d), a violation of this section is an infraction punishable by a fine of not more than twenty-five dollars ($25). Additional fees shall not be added to a fine imposed for a violation of subdivision (a) unless the citation is contested.The(2) The parent or legal guardian having control or custody of an unemancipated minor whose conduct violates this section shall be jointly and severally liable with the minor for the amount of the fine imposed pursuant to this subdivision.(f) A citation for not wearing a properly fitted and fastened bicycle helmet pursuant to subdivision (a) may be dismissed by local law enforcement or another designated local agency if the parent or legal guardian of the person described in subdivision (a) demonstrates that the person has a helmet meeting the requirements specified in subdivision (a) and the person meets either of the following conditions:(1) The person commits to wearing the helmet pursuant to subdivision (a).(2) The person completes a local bicycle safety course or a related safety course, if one is available, as prescribed by authorities in the local jurisdiction. If a course fee exists in the local jurisdiction, the prohibition against additional fees described in subdivision (e) shall not apply to the course fee.(f)(g) Notwithstanding Section 1463 of the Penal Code or any other provision of law, the fines collected for a violation of this section shall be allocated as follows:(1) Seventy-two and one-half percent of the amount collected shall be deposited in a special account of the county health department, to be used for bicycle, nonmotorized scooter, skateboard, and in-line and roller skate safety education and for assisting low-income families in obtaining approved bicycle helmets for children under the age of 18 years, either on a loan or purchase basis. The county may contract for the implementation of this program, which, to the extent practicable, shall be operated in conjunction with the child passenger restraint program pursuant to Section 27360.(2) Two and one-half percent of the amount collected shall be deposited in the county treasury to be used by the county to administer the program described in paragraph (1).(3) If the violation occurred within a city, 25 percent of the amount collected shall be transferred to to, and deposited in in, the treasury of that city. If the violation occurred in an unincorporated area, this 25 percent shall be deposited and used pursuant to paragraph (1).
21212. (a) A person under 18 years of age shall not operate a bicycle, a nonmotorized scooter, or a skateboard, nor shall they wear in-line or roller skates, nor ride upon a bicycle, a nonmotorized scooter, or a skateboard as a passenger, upon a street, bikeway, as defined in Section 890.4 of the Streets and Highways Code, or any other public bicycle path or trail unless that person is wearing a properly fitted and fastened bicycle helmet that meets the standards of either the American Society for Testing and Materials (ASTM) or the United States Consumer Product Safety Commission (CPSC), or standards subsequently established by those entities. This requirement also applies to a person who rides upon a bicycle while in a restraining seat that is attached to the bicycle or in a trailer towed by the bicycle.(b) Any A helmet sold or offered for sale for use by operators and passengers of bicycles, nonmotorized scooters, skateboards, or in-line or roller skates shall be conspicuously labeled in accordance with the standard described in subdivision (a) (a), which shall constitute the manufacturers certification that the helmet conforms to the applicable safety standards.(c) No A person shall not sell, or offer for sale, for use by an operator or passenger of a bicycle, nonmotorized scooter, skateboard, or in-line or roller skates any safety helmet which that is not of a type meeting requirements established by this section.(d) Any A charge under this subdivision shall be dismissed when the person charged alleges in court, under oath, that the charge against the person is the first charge against that person under this subdivision, unless it is otherwise established in court that the charge is not the first charge against the person.(e) (1) Except as provided in subdivision (d), a violation of this section is an infraction punishable by a fine of not more than twenty-five dollars ($25). Additional fees shall not be added to a fine imposed for a violation of subdivision (a) unless the citation is contested.The(2) The parent or legal guardian having control or custody of an unemancipated minor whose conduct violates this section shall be jointly and severally liable with the minor for the amount of the fine imposed pursuant to this subdivision.(f) A citation for not wearing a properly fitted and fastened bicycle helmet pursuant to subdivision (a) may be dismissed by local law enforcement or another designated local agency if the parent or legal guardian of the person described in subdivision (a) demonstrates that the person has a helmet meeting the requirements specified in subdivision (a) and the person meets either of the following conditions:(1) The person commits to wearing the helmet pursuant to subdivision (a).(2) The person completes a local bicycle safety course or a related safety course, if one is available, as prescribed by authorities in the local jurisdiction. If a course fee exists in the local jurisdiction, the prohibition against additional fees described in subdivision (e) shall not apply to the course fee.(f)(g) Notwithstanding Section 1463 of the Penal Code or any other provision of law, the fines collected for a violation of this section shall be allocated as follows:(1) Seventy-two and one-half percent of the amount collected shall be deposited in a special account of the county health department, to be used for bicycle, nonmotorized scooter, skateboard, and in-line and roller skate safety education and for assisting low-income families in obtaining approved bicycle helmets for children under the age of 18 years, either on a loan or purchase basis. The county may contract for the implementation of this program, which, to the extent practicable, shall be operated in conjunction with the child passenger restraint program pursuant to Section 27360.(2) Two and one-half percent of the amount collected shall be deposited in the county treasury to be used by the county to administer the program described in paragraph (1).(3) If the violation occurred within a city, 25 percent of the amount collected shall be transferred to to, and deposited in in, the treasury of that city. If the violation occurred in an unincorporated area, this 25 percent shall be deposited and used pursuant to paragraph (1).
21212. (a) A person under 18 years of age shall not operate a bicycle, a nonmotorized scooter, or a skateboard, nor shall they wear in-line or roller skates, nor ride upon a bicycle, a nonmotorized scooter, or a skateboard as a passenger, upon a street, bikeway, as defined in Section 890.4 of the Streets and Highways Code, or any other public bicycle path or trail unless that person is wearing a properly fitted and fastened bicycle helmet that meets the standards of either the American Society for Testing and Materials (ASTM) or the United States Consumer Product Safety Commission (CPSC), or standards subsequently established by those entities. This requirement also applies to a person who rides upon a bicycle while in a restraining seat that is attached to the bicycle or in a trailer towed by the bicycle.
(b) Any A helmet sold or offered for sale for use by operators and passengers of bicycles, nonmotorized scooters, skateboards, or in-line or roller skates shall be conspicuously labeled in accordance with the standard described in subdivision (a) (a), which shall constitute the manufacturers certification that the helmet conforms to the applicable safety standards.
(c) No A person shall not sell, or offer for sale, for use by an operator or passenger of a bicycle, nonmotorized scooter, skateboard, or in-line or roller skates any safety helmet which that is not of a type meeting requirements established by this section.
(d) Any A charge under this subdivision shall be dismissed when the person charged alleges in court, under oath, that the charge against the person is the first charge against that person under this subdivision, unless it is otherwise established in court that the charge is not the first charge against the person.
(e) (1) Except as provided in subdivision (d), a violation of this section is an infraction punishable by a fine of not more than twenty-five dollars ($25). Additional fees shall not be added to a fine imposed for a violation of subdivision (a) unless the citation is contested.
The
(2) The parent or legal guardian having control or custody of an unemancipated minor whose conduct violates this section shall be jointly and severally liable with the minor for the amount of the fine imposed pursuant to this subdivision.
(f) A citation for not wearing a properly fitted and fastened bicycle helmet pursuant to subdivision (a) may be dismissed by local law enforcement or another designated local agency if the parent or legal guardian of the person described in subdivision (a) demonstrates that the person has a helmet meeting the requirements specified in subdivision (a) and the person meets either of the following conditions:
(1) The person commits to wearing the helmet pursuant to subdivision (a).
(2) The person completes a local bicycle safety course or a related safety course, if one is available, as prescribed by authorities in the local jurisdiction. If a course fee exists in the local jurisdiction, the prohibition against additional fees described in subdivision (e) shall not apply to the course fee.
(f)
(g) Notwithstanding Section 1463 of the Penal Code or any other provision of law, the fines collected for a violation of this section shall be allocated as follows:
(1) Seventy-two and one-half percent of the amount collected shall be deposited in a special account of the county health department, to be used for bicycle, nonmotorized scooter, skateboard, and in-line and roller skate safety education and for assisting low-income families in obtaining approved bicycle helmets for children under the age of 18 years, either on a loan or purchase basis. The county may contract for the implementation of this program, which, to the extent practicable, shall be operated in conjunction with the child passenger restraint program pursuant to Section 27360.
(2) Two and one-half percent of the amount collected shall be deposited in the county treasury to be used by the county to administer the program described in paragraph (1).
(3) If the violation occurred within a city, 25 percent of the amount collected shall be transferred to to, and deposited in in, the treasury of that city. If the violation occurred in an unincorporated area, this 25 percent shall be deposited and used pursuant to paragraph (1).
SEC. 2. Section 22454 of the Vehicle Code is amended to read:22454. (a) The driver of any vehicle, upon meeting or overtaking, from either direction, any schoolbus equipped with signs as required in this code, that is stopped for the purpose of loading or unloading any schoolchildren and displays a flashing red light signal and stop signal arm, as defined in paragraph (4) of subdivision (b) of Section 25257, if equipped with a stop signal arm, visible from front or rear, shall bring the vehicle to a stop immediately before passing the schoolbus and shall not proceed past the schoolbus until the flashing red light signal and stop signal arm, if equipped with a stop signal arm, cease operation.(b) (1) The driver of a vehicle upon a divided highway or multiple-lane highway need not stop upon meeting or passing a schoolbus that is upon the other roadway.(2) For the purposes of this subdivision, a multiple-lane highway is any highway that has two or more lanes of travel in each direction.(c) (1) If a vehicle was observed overtaking a schoolbus in violation of subdivision (a), and the driver of the schoolbus witnessed the violation, the driver may, within 24 hours, report the violation and furnish the vehicle license plate number and description and the time and place of the violation to the local law enforcement agency having jurisdiction of the offense. That law enforcement agency shall issue a letter of warning prepared in accordance with paragraph (2) with respect to the alleged violation to the registered owner of the vehicle. The issuance of a warning letter under this paragraph shall not be entered on the driving record of the person to whom it is issued, but does not preclude the imposition of any other applicable penalty.(2) The Attorney General shall prepare and furnish to every law enforcement agency in the state a form letter for purposes of paragraph (1), and the law enforcement agency may issue those letters in the exact form prepared by the Attorney General. The Attorney General may charge a fee to any law enforcement agency that requests a copy of the form letter to recover the costs of preparing and providing that copy.(d) (1) Notwithstanding subdivision (c), in addition to any other monitoring devices lawfully authorized to be installed in or on a schoolbus, a school district is authorized to install and operate an automated schoolbus video enforcement system for the purpose of enforcing violations of subdivision (a).(2) For purposes of this section, an automated schoolbus video enforcement system means a camera system that monitors and records motor vehicles overtaking or passing a schoolbus when the schoolbus is stopped and displaying a flashing red signal system and a stop signal arm, if equipped with a stop signal arm.(e) (1) A schoolbus equipped with an automated schoolbus video enforcement system shall also be equipped with highly visible signage on the rear of the schoolbus that reads as follows:STOP WHEN LIGHTS ARE FLASHING - ITS THE LAWVIDEO ENFORCED STOP(2) The automated schoolbus video enforcement system shall not activate until at least six seconds after the stop arm is deployed, or if not equipped with a stop arm, at least six seconds after the schoolbus has stopped and its red lights are flashing.(3) A contract between the school district and a vendor to provide administrative or other services for the automated schoolbus video enforcement system, including, but not limited to, processing or storing data collected by the system, shall contain provisions requiring the vendor to provide and install the signage required by this subdivision at the vendors expense.(f) Notwithstanding any other law, any information, image, or other data captured or generated by the automated schoolbus video enforcement system that is transmitted wirelessly is confidential and shall be encrypted and, unless demanded by subpoena, shall be available only to the school district, contractor, law enforcement, or offender for purposes of appeal and enforcing subdivision (a). A school district shall not use an automated schoolbus video enforcement system or any information, image, or other data captured or generated by the automated schoolbus video enforcement system for any purpose other than the purposes authorized by this section.(g) A school district utilizing an automated schoolbus video enforcement system shall provide the video evidence captured by the system to the local law enforcement agency with jurisdiction over the location where the violation occurred.(d)(h) This section also applies to a roadway upon private property.
SEC. 2. Section 22454 of the Vehicle Code is amended to read:
### SEC. 2.
22454. (a) The driver of any vehicle, upon meeting or overtaking, from either direction, any schoolbus equipped with signs as required in this code, that is stopped for the purpose of loading or unloading any schoolchildren and displays a flashing red light signal and stop signal arm, as defined in paragraph (4) of subdivision (b) of Section 25257, if equipped with a stop signal arm, visible from front or rear, shall bring the vehicle to a stop immediately before passing the schoolbus and shall not proceed past the schoolbus until the flashing red light signal and stop signal arm, if equipped with a stop signal arm, cease operation.(b) (1) The driver of a vehicle upon a divided highway or multiple-lane highway need not stop upon meeting or passing a schoolbus that is upon the other roadway.(2) For the purposes of this subdivision, a multiple-lane highway is any highway that has two or more lanes of travel in each direction.(c) (1) If a vehicle was observed overtaking a schoolbus in violation of subdivision (a), and the driver of the schoolbus witnessed the violation, the driver may, within 24 hours, report the violation and furnish the vehicle license plate number and description and the time and place of the violation to the local law enforcement agency having jurisdiction of the offense. That law enforcement agency shall issue a letter of warning prepared in accordance with paragraph (2) with respect to the alleged violation to the registered owner of the vehicle. The issuance of a warning letter under this paragraph shall not be entered on the driving record of the person to whom it is issued, but does not preclude the imposition of any other applicable penalty.(2) The Attorney General shall prepare and furnish to every law enforcement agency in the state a form letter for purposes of paragraph (1), and the law enforcement agency may issue those letters in the exact form prepared by the Attorney General. The Attorney General may charge a fee to any law enforcement agency that requests a copy of the form letter to recover the costs of preparing and providing that copy.(d) (1) Notwithstanding subdivision (c), in addition to any other monitoring devices lawfully authorized to be installed in or on a schoolbus, a school district is authorized to install and operate an automated schoolbus video enforcement system for the purpose of enforcing violations of subdivision (a).(2) For purposes of this section, an automated schoolbus video enforcement system means a camera system that monitors and records motor vehicles overtaking or passing a schoolbus when the schoolbus is stopped and displaying a flashing red signal system and a stop signal arm, if equipped with a stop signal arm.(e) (1) A schoolbus equipped with an automated schoolbus video enforcement system shall also be equipped with highly visible signage on the rear of the schoolbus that reads as follows:STOP WHEN LIGHTS ARE FLASHING - ITS THE LAWVIDEO ENFORCED STOP(2) The automated schoolbus video enforcement system shall not activate until at least six seconds after the stop arm is deployed, or if not equipped with a stop arm, at least six seconds after the schoolbus has stopped and its red lights are flashing.(3) A contract between the school district and a vendor to provide administrative or other services for the automated schoolbus video enforcement system, including, but not limited to, processing or storing data collected by the system, shall contain provisions requiring the vendor to provide and install the signage required by this subdivision at the vendors expense.(f) Notwithstanding any other law, any information, image, or other data captured or generated by the automated schoolbus video enforcement system that is transmitted wirelessly is confidential and shall be encrypted and, unless demanded by subpoena, shall be available only to the school district, contractor, law enforcement, or offender for purposes of appeal and enforcing subdivision (a). A school district shall not use an automated schoolbus video enforcement system or any information, image, or other data captured or generated by the automated schoolbus video enforcement system for any purpose other than the purposes authorized by this section.(g) A school district utilizing an automated schoolbus video enforcement system shall provide the video evidence captured by the system to the local law enforcement agency with jurisdiction over the location where the violation occurred.(d)(h) This section also applies to a roadway upon private property.
22454. (a) The driver of any vehicle, upon meeting or overtaking, from either direction, any schoolbus equipped with signs as required in this code, that is stopped for the purpose of loading or unloading any schoolchildren and displays a flashing red light signal and stop signal arm, as defined in paragraph (4) of subdivision (b) of Section 25257, if equipped with a stop signal arm, visible from front or rear, shall bring the vehicle to a stop immediately before passing the schoolbus and shall not proceed past the schoolbus until the flashing red light signal and stop signal arm, if equipped with a stop signal arm, cease operation.(b) (1) The driver of a vehicle upon a divided highway or multiple-lane highway need not stop upon meeting or passing a schoolbus that is upon the other roadway.(2) For the purposes of this subdivision, a multiple-lane highway is any highway that has two or more lanes of travel in each direction.(c) (1) If a vehicle was observed overtaking a schoolbus in violation of subdivision (a), and the driver of the schoolbus witnessed the violation, the driver may, within 24 hours, report the violation and furnish the vehicle license plate number and description and the time and place of the violation to the local law enforcement agency having jurisdiction of the offense. That law enforcement agency shall issue a letter of warning prepared in accordance with paragraph (2) with respect to the alleged violation to the registered owner of the vehicle. The issuance of a warning letter under this paragraph shall not be entered on the driving record of the person to whom it is issued, but does not preclude the imposition of any other applicable penalty.(2) The Attorney General shall prepare and furnish to every law enforcement agency in the state a form letter for purposes of paragraph (1), and the law enforcement agency may issue those letters in the exact form prepared by the Attorney General. The Attorney General may charge a fee to any law enforcement agency that requests a copy of the form letter to recover the costs of preparing and providing that copy.(d) (1) Notwithstanding subdivision (c), in addition to any other monitoring devices lawfully authorized to be installed in or on a schoolbus, a school district is authorized to install and operate an automated schoolbus video enforcement system for the purpose of enforcing violations of subdivision (a).(2) For purposes of this section, an automated schoolbus video enforcement system means a camera system that monitors and records motor vehicles overtaking or passing a schoolbus when the schoolbus is stopped and displaying a flashing red signal system and a stop signal arm, if equipped with a stop signal arm.(e) (1) A schoolbus equipped with an automated schoolbus video enforcement system shall also be equipped with highly visible signage on the rear of the schoolbus that reads as follows:STOP WHEN LIGHTS ARE FLASHING - ITS THE LAWVIDEO ENFORCED STOP(2) The automated schoolbus video enforcement system shall not activate until at least six seconds after the stop arm is deployed, or if not equipped with a stop arm, at least six seconds after the schoolbus has stopped and its red lights are flashing.(3) A contract between the school district and a vendor to provide administrative or other services for the automated schoolbus video enforcement system, including, but not limited to, processing or storing data collected by the system, shall contain provisions requiring the vendor to provide and install the signage required by this subdivision at the vendors expense.(f) Notwithstanding any other law, any information, image, or other data captured or generated by the automated schoolbus video enforcement system that is transmitted wirelessly is confidential and shall be encrypted and, unless demanded by subpoena, shall be available only to the school district, contractor, law enforcement, or offender for purposes of appeal and enforcing subdivision (a). A school district shall not use an automated schoolbus video enforcement system or any information, image, or other data captured or generated by the automated schoolbus video enforcement system for any purpose other than the purposes authorized by this section.(g) A school district utilizing an automated schoolbus video enforcement system shall provide the video evidence captured by the system to the local law enforcement agency with jurisdiction over the location where the violation occurred.(d)(h) This section also applies to a roadway upon private property.
22454. (a) The driver of any vehicle, upon meeting or overtaking, from either direction, any schoolbus equipped with signs as required in this code, that is stopped for the purpose of loading or unloading any schoolchildren and displays a flashing red light signal and stop signal arm, as defined in paragraph (4) of subdivision (b) of Section 25257, if equipped with a stop signal arm, visible from front or rear, shall bring the vehicle to a stop immediately before passing the schoolbus and shall not proceed past the schoolbus until the flashing red light signal and stop signal arm, if equipped with a stop signal arm, cease operation.(b) (1) The driver of a vehicle upon a divided highway or multiple-lane highway need not stop upon meeting or passing a schoolbus that is upon the other roadway.(2) For the purposes of this subdivision, a multiple-lane highway is any highway that has two or more lanes of travel in each direction.(c) (1) If a vehicle was observed overtaking a schoolbus in violation of subdivision (a), and the driver of the schoolbus witnessed the violation, the driver may, within 24 hours, report the violation and furnish the vehicle license plate number and description and the time and place of the violation to the local law enforcement agency having jurisdiction of the offense. That law enforcement agency shall issue a letter of warning prepared in accordance with paragraph (2) with respect to the alleged violation to the registered owner of the vehicle. The issuance of a warning letter under this paragraph shall not be entered on the driving record of the person to whom it is issued, but does not preclude the imposition of any other applicable penalty.(2) The Attorney General shall prepare and furnish to every law enforcement agency in the state a form letter for purposes of paragraph (1), and the law enforcement agency may issue those letters in the exact form prepared by the Attorney General. The Attorney General may charge a fee to any law enforcement agency that requests a copy of the form letter to recover the costs of preparing and providing that copy.(d) (1) Notwithstanding subdivision (c), in addition to any other monitoring devices lawfully authorized to be installed in or on a schoolbus, a school district is authorized to install and operate an automated schoolbus video enforcement system for the purpose of enforcing violations of subdivision (a).(2) For purposes of this section, an automated schoolbus video enforcement system means a camera system that monitors and records motor vehicles overtaking or passing a schoolbus when the schoolbus is stopped and displaying a flashing red signal system and a stop signal arm, if equipped with a stop signal arm.(e) (1) A schoolbus equipped with an automated schoolbus video enforcement system shall also be equipped with highly visible signage on the rear of the schoolbus that reads as follows:STOP WHEN LIGHTS ARE FLASHING - ITS THE LAWVIDEO ENFORCED STOP(2) The automated schoolbus video enforcement system shall not activate until at least six seconds after the stop arm is deployed, or if not equipped with a stop arm, at least six seconds after the schoolbus has stopped and its red lights are flashing.(3) A contract between the school district and a vendor to provide administrative or other services for the automated schoolbus video enforcement system, including, but not limited to, processing or storing data collected by the system, shall contain provisions requiring the vendor to provide and install the signage required by this subdivision at the vendors expense.(f) Notwithstanding any other law, any information, image, or other data captured or generated by the automated schoolbus video enforcement system that is transmitted wirelessly is confidential and shall be encrypted and, unless demanded by subpoena, shall be available only to the school district, contractor, law enforcement, or offender for purposes of appeal and enforcing subdivision (a). A school district shall not use an automated schoolbus video enforcement system or any information, image, or other data captured or generated by the automated schoolbus video enforcement system for any purpose other than the purposes authorized by this section.(g) A school district utilizing an automated schoolbus video enforcement system shall provide the video evidence captured by the system to the local law enforcement agency with jurisdiction over the location where the violation occurred.(d)(h) This section also applies to a roadway upon private property.
22454. (a) The driver of any vehicle, upon meeting or overtaking, from either direction, any schoolbus equipped with signs as required in this code, that is stopped for the purpose of loading or unloading any schoolchildren and displays a flashing red light signal and stop signal arm, as defined in paragraph (4) of subdivision (b) of Section 25257, if equipped with a stop signal arm, visible from front or rear, shall bring the vehicle to a stop immediately before passing the schoolbus and shall not proceed past the schoolbus until the flashing red light signal and stop signal arm, if equipped with a stop signal arm, cease operation.
(b) (1) The driver of a vehicle upon a divided highway or multiple-lane highway need not stop upon meeting or passing a schoolbus that is upon the other roadway.
(2) For the purposes of this subdivision, a multiple-lane highway is any highway that has two or more lanes of travel in each direction.
(c) (1) If a vehicle was observed overtaking a schoolbus in violation of subdivision (a), and the driver of the schoolbus witnessed the violation, the driver may, within 24 hours, report the violation and furnish the vehicle license plate number and description and the time and place of the violation to the local law enforcement agency having jurisdiction of the offense. That law enforcement agency shall issue a letter of warning prepared in accordance with paragraph (2) with respect to the alleged violation to the registered owner of the vehicle. The issuance of a warning letter under this paragraph shall not be entered on the driving record of the person to whom it is issued, but does not preclude the imposition of any other applicable penalty.
(2) The Attorney General shall prepare and furnish to every law enforcement agency in the state a form letter for purposes of paragraph (1), and the law enforcement agency may issue those letters in the exact form prepared by the Attorney General. The Attorney General may charge a fee to any law enforcement agency that requests a copy of the form letter to recover the costs of preparing and providing that copy.
(d) (1) Notwithstanding subdivision (c), in addition to any other monitoring devices lawfully authorized to be installed in or on a schoolbus, a school district is authorized to install and operate an automated schoolbus video enforcement system for the purpose of enforcing violations of subdivision (a).
(2) For purposes of this section, an automated schoolbus video enforcement system means a camera system that monitors and records motor vehicles overtaking or passing a schoolbus when the schoolbus is stopped and displaying a flashing red signal system and a stop signal arm, if equipped with a stop signal arm.
(e) (1) A schoolbus equipped with an automated schoolbus video enforcement system shall also be equipped with highly visible signage on the rear of the schoolbus that reads as follows:
STOP WHEN LIGHTS ARE FLASHING - ITS THE LAW
VIDEO ENFORCED STOP
(2) The automated schoolbus video enforcement system shall not activate until at least six seconds after the stop arm is deployed, or if not equipped with a stop arm, at least six seconds after the schoolbus has stopped and its red lights are flashing.
(3) A contract between the school district and a vendor to provide administrative or other services for the automated schoolbus video enforcement system, including, but not limited to, processing or storing data collected by the system, shall contain provisions requiring the vendor to provide and install the signage required by this subdivision at the vendors expense.
(f) Notwithstanding any other law, any information, image, or other data captured or generated by the automated schoolbus video enforcement system that is transmitted wirelessly is confidential and shall be encrypted and, unless demanded by subpoena, shall be available only to the school district, contractor, law enforcement, or offender for purposes of appeal and enforcing subdivision (a). A school district shall not use an automated schoolbus video enforcement system or any information, image, or other data captured or generated by the automated schoolbus video enforcement system for any purpose other than the purposes authorized by this section.
(g) A school district utilizing an automated schoolbus video enforcement system shall provide the video evidence captured by the system to the local law enforcement agency with jurisdiction over the location where the violation occurred.
(d)
(h) This section also applies to a roadway upon private property.
SEC. 3. The Legislature finds and declares that Section 2 of this act, which amends Section 22454 of the Vehicle Code, imposes a limitation on the publics right of access to the meetings of public bodies or the writings of public officials and agencies within the meaning of Section 3 of Article I of the California Constitution. Pursuant to that constitutional provision, the Legislature makes the following findings to demonstrate the interest protected by this limitation and the need for protecting that interest:Protecting the privacy of a person whose image is captured by a schoolbus video enforcement system enhances public safety and the protection of individual rights, thereby furthering the purposes of Section 3 of Article I of the California Constitution.
SEC. 3. The Legislature finds and declares that Section 2 of this act, which amends Section 22454 of the Vehicle Code, imposes a limitation on the publics right of access to the meetings of public bodies or the writings of public officials and agencies within the meaning of Section 3 of Article I of the California Constitution. Pursuant to that constitutional provision, the Legislature makes the following findings to demonstrate the interest protected by this limitation and the need for protecting that interest:Protecting the privacy of a person whose image is captured by a schoolbus video enforcement system enhances public safety and the protection of individual rights, thereby furthering the purposes of Section 3 of Article I of the California Constitution.
SEC. 3. The Legislature finds and declares that Section 2 of this act, which amends Section 22454 of the Vehicle Code, imposes a limitation on the publics right of access to the meetings of public bodies or the writings of public officials and agencies within the meaning of Section 3 of Article I of the California Constitution. Pursuant to that constitutional provision, the Legislature makes the following findings to demonstrate the interest protected by this limitation and the need for protecting that interest:
### SEC. 3.
Protecting the privacy of a person whose image is captured by a schoolbus video enforcement system enhances public safety and the protection of individual rights, thereby furthering the purposes of Section 3 of Article I of the California Constitution.