ASSEMBLY TRANSPORTATION AND INDEPENDENT
AUTHORITIES COMMITTEE
STATEMENT TO
ASSEMBLY, No. 545
with committee amendments
STATE OF NEW JERSEY
DATED: NOVEMBER 30, 2023
The Assembly Transportation and Independent Authorities
Committee reports favorably and with committee amendments
Assembly Bill No. 545.
As amended and reported, this bill authorizes the use of a school
bus monitoring system, as that term is defined in the bill, to enforce
the State law governing passing a school bus. Under current law,
school buses are required to exhibit flashing red lights when the bus
has stopped for the purpose of receiving or discharging any person
with a developmental disability or a child. Drivers of vehicles
approaching or overtaking the school bus are required to stop at least
25 feet from a school bus that has activated its flashing lights. Under
current law, the penalty for violating this law, for a first offense, is a
fine of no less than $100, imprisonment for no more than 15 days or
community service, or both. For subsequent offenses, the penalty is a
fine of no less than $250, imprisonment for no less than 15 days, or
both. This bill provides that the penalty for violating the law, when
the violation is not evidenced by the recorded images captured by a
school bus monitoring system, would be: a fine of $250, 15 days of
community service, or both, in the case of a first offense. For each
subsequent offense, the penalty would be a fine of $500 and no less
than 15 days of community service.
Under the bill, a civil penalty of $250 would be imposed on a
person who passes a school bus in violation of current law if the
violation is evidenced by the recorded images captured by a school bus
monitoring system. Under these circumstances, any civil penalty
imposed and collected for this violation is to be forwarded to the
financial officer of the municipality in which the violation occurred
and used for general municipal and school district purposes, including
efforts to improve the monitoring and enforcement of this law through
the utilization of a school bus monitoring system and other public
education safety programs. A violation that is evidenced by the
recorded images captured by a school bus monitoring system would
not result in penalty points or automobile insurance eligibility points
being assessed on the violator. 2
The bill authorizes a municipality or school district operating or
providing Type I or Type II school buses that transport students to
contract with a private vendor to provide for the installation, operation,
and maintenance of a school bus monitoring system for enforcement
purposes. The bill requires that a school bus monitoring system to be
capable of capturing and producing a record of any occurrence that
may be considered illegal passing of a school bus, and includes various
requirements for recorded images.
The bill requires any suspected violation captured in a recorded
image produced by a school bus monitoring system to be made
available to the chief law enforcement officer of the municipality in
which the violation occurred. A law enforcement officer is to issue a
summons within 90 days of determining that a suspected violation
occurred. A summons may not be issued for a violation occurring
more than 90 days from date of the violation.
The bill provides that any recorded image or information produced
in connection with a school bus monitoring system is not a public
record under New Jersey’s “Open Public Records Act,” is not
discoverable as a public record except upon a subpoena issued by a
grand jury or a court order in a criminal matter, and is not to be offered
into evidence in any civil or administrative proceeding unless directly
related to illegally passing a school bus.
The bill provides that recorded images or information produced in
connection with a school bus monitoring system pertaining to a
specific violation are not to be retained for more than 60 days after the
collection of any civil penalty imposed, and are then to be purged. All
recorded images and information collected but not resulting in the
issuance of a summons are to be purged within 95 days of the
recording.
The bill provides that the owner of a motor vehicle is liable for a
summons for illegally passing a school bus as evidenced by a recorded
image captured by a school bus monitoring system. However, a lessor
or owner of a motor vehicle is not liable for a summons if:
(1) the lessor demonstrates that the vehicle was used without the
lessor’s express or implied consent, and provides the name and address
of the vehicle operator or registrant;
(2) the lessee was operating or in possession of the vehicle at the
time of the violation and the lessor provides the name and address of
the lessee; or
(3) the owner, lessor, or lessee demonstrates that the vehicle was
stolen at the time the violation occurred and provides a copy of the
police report regarding the vehicle theft.
The bill requires the Commissioner of Education and the
Superintendent of State Police and permits the Chief Administrator of
the New Jersey Motor Vehicle Commission to adopt rules and
regulations to effectuate the purposes of the bill, including
specifications and certification procedures for the school bus 3
monitoring systems and devices that may be installed. The bill also
permits the Supreme Court of New Jersey to adopt Rules of Court as
appropriate or necessary to effectuate the purposes of the substitute.
This bill was prefiled for introduction in the 2022-2023 session
pending technical review. As reported, the bill includes the changes
required by technical review, which has been performed.
COMMITTEE AMENDMENTS :
The committee amended the bill to permit, instead of require, the
New Jersey Motor Vehicle Commission to adopt rules and regulations
to effectuate the purposes of the bill.