House Bill 25-1230 Engrossed

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

• Page 2, Line 3(1.1)(a)(II) and (2)(g)(III); and add(1.1)(a.7), (2)(d)(III), and (4.6) as follows:

• Page 2, Line 442-4-110.5.  Automated vehicle identification systems - school

• Page 2, Line 5buses - exceptions to liability - penalty - contracting - limits on use of

• Page 2, Line 6photographs and video - rules - legislative declaration - definitions.(1.1)  As used in this section, unless the context otherwise requires:

• Page 2, Line 7(a) (II)  "Automated vehicle identification system" includes a

• Page 2, Line 8system used to detect a violation of part 11 of this article 4 or a local

• Page 2, Line 9speed ordinance; a system used to detect violations of traffic restrictions

• Page 2, Line 10imposed by traffic signals or traffic signs; a system used to detect the

• Page 2, Line 11overtaking of a stopped school bus with actuated visual signal

• Page 2, Line 12lights 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 13(a.7)  "School bus" means a school bus that is required to

• Page 3, Line 1bear on the front and rear of such school bus the words

• Page 3, Line 2"SCHOOL BUS" and display visual signal lights pursuant to section 42-4-1903 (2)(a).

• Page 3, Line 3(2)  A county, city and county, or municipality may adopt an

• Page 3, Line 4ordinance authorizing the use of an automated vehicle identification

• Page 3, Line 5system to detect violations of traffic regulations adopted by the county,

• Page 3, Line 6city and county, or municipality, or the state, a county, a city and county,

• Page 3, Line 7or a municipality may utilize an automated vehicle identification system

• Page 3, Line 8to detect traffic violations under state law, subject to the following

• Page 3, Line 9conditions and limitations and, as applicable, the requirements for state

• Page 3, Line 10highways set forth in and any rules adopted by the department of transportation pursuant to subsection (2.5) of this section:

• Page 3, Line 11(d) (III)  This subsection (2)(d) does not apply to an

• Page 3, Line 12automated vehicle identification system designed to detect the overtaking of a school bus with actuated visual signal lights.

• Page 3, Line 13(g) (III)  This subsection (2)(g) does not apply to an automated

• Page 3, Line 14vehicle identification system designed to detect disobedience to a traffic

• Page 3, Line 15control signal or the overtaking of a school bus with actuated visual signal lights.

• Page 3, Line 16(4.6) (a)  If approved by a school district's board of

• Page 3, Line 17education, the state, a county, a city and county, or a

• Page 3, Line 18municipality may install and utilize an automated vehicle

• Page 3, Line 19identification system on the school district's school buses to

• Page 3, Line 20detect a motor vehicle overtaking a stopped school bus with

• Page 3, Line 21actuated visual signal lights in violation of section 42-4-1903(1)(a).

• Page 3, Line 22(b)  If, through the use of an automated vehicle

• Page 4, Line 1identification system, the state, a county, a city and county, or

• Page 4, Line 2a municipality detects a motor vehicle overtaking a stopped

• Page 4, Line 3school bus with actuated visual signal lights in violation of

• Page 4, Line 4section 42-4-1903 (1)(a), the maximum civil penalty the state,

• Page 4, Line 5county, city and county, or municipality may impose for the

• Page 4, Line 6violation is three hundred dollars, including surcharges or fees.

• Page 4, Line 7(c) (I)  A photograph produced by an automated vehicle

• Page 4, Line 8identification system pursuant to this subsection (4.6) must

• Page 4, Line 9capture an image of the motor vehicle and the motor vehicle's

• Page 4, Line 10license plate to form the basis of a notice of violation or civil penalty issued pursuant to this subsection (4.6).

• Page 4, Line 11(II)  A notice of violation or civil penalty issued pursuant

• Page 4, Line 12to this subsection (4.6) must be sent to the registered owner of the vehicle.

• Page 4, Line 13(III)  When a photograph produced by an automated

• Page 4, Line 14vehicle identification system includes an electronic indicator

• Page 4, Line 15signifying actuation of a school bus's visual signal lights, there

• Page 4, Line 16is a rebuttable presumption that the school bus's visual signal

• Page 4, Line 17lights were actuated and operational and that the school bus was stopped to receive or discharge school children.

• Page 4, Line 18(d) (I)  The state, a county, a city and county, or a

• Page 4, Line 19municipality that has installed an automated vehicle

• Page 4, Line 20identification system on a school bus to detect a motor

• Page 4, Line 21vehicle overtaking a stopped school bus shall not use any

• Page 4, Line 22portion of a fine collected through the use of such system asthe

• Page 4, Line 23basis for payment to the manufacturer or vendor of the

• Page 5, Line 1automated vehicle identification system equipment. The

• Page 5, Line 2compensation paid by the state, county, city and county, or

• Page 5, Line 3municipality for such equipment must be based upon the value of

• Page 5, Line 4any equipment or services provided and must not be based

• Page 5, Line 5exclusively upon the number of traffic citations issued or the

• Page 5, Line 6revenue generated by the automated vehicle identification system equipment.

• Page 5, Line 7(II)  A contract for automated vehicle identification

• Page 5, Line 8system equipment and for services provided for the use of an

• Page 5, Line 9automated vehicle identification system on a school bus must

• Page 5, Line 10not contain a quota regarding the number of violations

• Page 5, Line 11captured or notices of violation issued or regarding the revenue

• Page 5, Line 12generated for the automated vehicle identification system to be continuously utilized.

• Page 5, Line 13SECTION 2.  In Colorado Revised Statutes, 42-4-1903, amend (4) as follows:

• Page 5, Line 1442-4-1903.  School buses - stops - signs - passing - definition.

• Page 5, Line 15(4)  The driver of a vehicle upon a highway with separate roadways need

• Page 5, Line 16not stop upon meeting or passing a school bus which that is on a

• Page 5, Line 17different roadway. For the purposes of As used in this section, "highway

• Page 5, Line 18with separate roadways" means a highway that is divided into two or

• Page 5, Line 19more roadways by a depressed or raised or painted median, physical

• Page 5, Line 20barriers, or other intervening space serving as a clearly indicated dividing section or island that physically divides the roadways.

• Page 5, Line 21SECTION 3.  Applicability. This act applies to violations occurring on or after the effective date of this act.

• Page 5, Line 22SECTION 4.  Safety clause. The general assembly finds,

• Page 6, Line 1determines, and declares that this act is necessary for the immediate

• Page 6, Line 2preservation of the public peace, health, or safety or for appropriations for

• Page 6, Line 3the support and maintenance of the departments of the state and state institutions.