A Bill for an Act
Page 1, Line 101Concerning changes to the traffic violation for overtaking
Page 1, Line 102a school bus.
Bill Summary
(Note: This summary applies to this bill as introduced and does not reflect any amendments that may be subsequently adopted. If this bill passes third reading in the house of introduction, a bill summary that applies to the reengrossed version of this bill will be available at http://leg.colorado.gov.)
Section 1 of the bill permits the state, a county, a city and county, or a municipality to, with approval from a school district's board of education, install and utilize automated vehicle identification systems (AVIS) on the school district's school buses to detect a driver of a vehicle that overtakes a stopped school bus with actuated visual signal lights in violation of current law. If an AVIS detects such a violation, the state, a county, a city and county, or a municipality may impose a civil penalty of not more than $300 for the violation. The bill creates a rebuttable presumption that when an image produced by an AVIS includes an electronic indicator signifying that a school bus's visual signal lights are actuated, the visual signal lights are presumed to be actuated and operational.
The bill mandates that the state, a county, a city and county, or a municipality that installs an AVIS on a school bus shall not use the fines collected through the use of the AVIS system to compensate the AVIS manufacturer or vendor and that any such compensation paid to the manufacturer or vendor must not be based exclusively upon the number of citations issued or revenue generated by the AVIS.
Current law states that a driver on a highway with separate roadways need not stop upon meeting or passing a school bus that is on a different roadway. Section 2 amends the definition of "highway with separate roadways" to include a roadway separated by physical barriers and to exclude a roadway separated by a painted median.
Page 2, Line 1Be it enacted by the General Assembly of the State of Colorado:
Page 2, Line 2SECTION 1. In Colorado Revised Statutes, 42-4-110.5, amend (1.1)(a)(II) and (2)(g)(III); and add (1.1)(a.7) and (4.6) as follows:
Page 2, Line 342-4-110.5. Automated vehicle identification systems - school
Page 2, Line 4buses - exceptions to liability - penalty - contracting - limits on use of
Page 2, Line 5photographs and video - rules - legislative declaration - definitions.(1.1) As used in this section, unless the context otherwise requires:
Page 2, Line 6(a) (II) "Automated vehicle identification system" includes a
Page 2, Line 7system used to detect a violation of part 11 of this article 4 or a local
Page 2, Line 8speed ordinance; a system used to detect violations of traffic restrictions
Page 2, Line 9imposed by traffic signals or traffic signs; a system used to detect the
Page 2, Line 10overtaking of a stopped school bus with actuated visual signal
Page 2, Line 11lights in violation of section 42-4-1903 (1)(a); and a system used to detect violations of bus lane or bicycle lane restrictions.
Page 2, Line 12(a.7) "School bus" means a school bus that is required to
Page 2, Line 13bear on the front and rear of such school bus the words
Page 3, Line 1"SCHOOL BUS" and display visual signal lights pursuant to section 42-4-1903 (2)(a).
Page 3, Line 2(2) A county, city and county, or municipality may adopt an
Page 3, Line 3ordinance authorizing the use of an automated vehicle identification
Page 3, Line 4system to detect violations of traffic regulations adopted by the county,
Page 3, Line 5city and county, or municipality, or the state, a county, a city and county,
Page 3, Line 6or a municipality may utilize an automated vehicle identification system
Page 3, Line 7to detect traffic violations under state law, subject to the following
Page 3, Line 8conditions and limitations and, as applicable, the requirements for state
Page 3, Line 9highways set forth in and any rules adopted by the department of transportation pursuant to subsection (2.5) of this section:
Page 3, Line 10(g) (III) This subsection (2)(g) does not apply to an automated
Page 3, Line 11vehicle identification system designed to detect disobedience to a traffic
Page 3, Line 12control signal or the overtaking of a school bus with actuated visual signal lights.
Page 3, Line 13(4.6) (a) If approved by a school district's board of
Page 3, Line 14education, the state, a county, a city and county, or a
Page 3, Line 15municipality may install and utilize an automated vehicle
Page 3, Line 16identification system on the school district's school buses to
Page 3, Line 17detect a driver of a motor vehicle overtaking a stopped school
Page 3, Line 18bus with actuated visual signal lights in violation of section 42-4-1903 (1)(a).
Page 3, Line 19(b) If, through the use of an automated vehicle
Page 3, Line 20identification system, the state, a county, a city and county, or
Page 3, Line 21a municipality detects a driver of a motor vehicle overtaking a
Page 3, Line 22stopped school bus with actuated visual signal lights in
Page 3, Line 23violation of section 42-4-1903 (1)(a), the maximum civil penalty
Page 4, Line 1the state, county, city and county, or municipality may impose
Page 4, Line 2for the violation is three hundred dollars, including surcharges or fees.
Page 4, Line 3(c) When a recorded image produced by an automated
Page 4, Line 4vehicle identification system includes an electronic indicator
Page 4, Line 5signifying actuation of a school bus's visual signal lights, there
Page 4, Line 6is a rebuttable presumption that the school bus's visual signal lights were actuated and operational.
Page 4, Line 7(d) (I) The state, a county, a city and county, or a
Page 4, Line 8municipality that has installed an automated vehicle
Page 4, Line 9identification system on a school bus to detect a driver of a
Page 4, Line 10motor vehicle overtaking a stopped school bus shall not use any
Page 4, Line 11portion of a fine collected through the use of such system as
Page 4, Line 12payment to the manufacturer or vendor of the automated
Page 4, Line 13vehicle identification system equipment. The compensation paid
Page 4, Line 14by the state, county, city and county, or municipality for such
Page 4, Line 15equipment must be based upon the value of any equipment or
Page 4, Line 16services provided and must not be based exclusively upon the
Page 4, Line 17number of traffic citations issued or the revenue generated by the automated vehicle identification system equipment.
Page 4, Line 18(II) A contract for automated vehicle identification
Page 4, Line 19system equipment and for services provided for the use of an
Page 4, Line 20automated vehicle identification system on a school bus must
Page 4, Line 21not contain a quota regarding the number of violations
Page 4, Line 22captured or notices of violation issued or regarding the revenue
Page 4, Line 23generated for the automated vehicle identification system to be
Page 4, Line 24continuously utilized.
Page 5, Line 1SECTION 2. In Colorado Revised Statutes, 42-4-1903, amend (4) as follows:
Page 5, Line 242-4-1903. School buses - stops - signs - passing - definition.
Page 5, Line 3(4) The driver of a vehicle upon a highway with separate roadways need
Page 5, Line 4not stop upon meeting or passing a school bus
whichPage 5, Line 5different roadway.
For the purposes ofPage 5, Line 6with separate roadways" means a highway that is divided into two or
Page 5, Line 7more roadways by a depressed or raised
or paintedPage 5, Line 8barriers, or other intervening space serving as a clearly indicated
dividingPage 5, Line 9SECTION 3. Applicability. This act applies to violations occurring on or after the effective date of this act.
Page 5, Line 10SECTION 4. Safety clause. The general assembly finds,
Page 5, Line 11determines, and declares that this act is necessary for the immediate
Page 5, Line 12preservation of the public peace, health, or safety or for appropriations for
Page 5, Line 13the support and maintenance of the departments of the state and state institutions.