(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 may install and operate an automated video traffic enforcement system on the outside of a schoolbus for the purpose of enforcing violations of subdivision (a).
(2) An “automated video traffic 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.
(3) Any revenue generated by an automated video traffic enforcement system shall only be used to improve traffic and public safety and offset the costs associated with the automated video traffic
enforcement system.
(e) A school district that adopts an automated video traffic enforcement system pursuant to this section may do all of the following:
(1) Contract with private vendors for the operation and maintenance of the system. This section does not authorize a private vendor to determine whether captured images are sufficient to issue a citation for a violation of subdivision (a).
(A) A school district contracting with a vendor to operate or maintain an automated video traffic enforcement system shall prohibit the vendor from storing, utilizing, or sharing any information, image, or other data captured or generated by the system with another entity, except the school district it contracts with and law enforcement serving the school district’s jurisdiction.
(B) A contract between a school district and a manufacturer or supplier of automated video traffic enforcement equipment shall include only provisions necessary to compensate for the reasonable costs as a result of the use of the equipment authorized under this section, and shall not consider the number of citations generated.
(2) Craft working arrangements and agreements with law enforcement and governing bodies of cities and counties in the school district’s jurisdiction regarding the responsibilities associated with the administration and cost of deploying that system, including, an agreement for use of the base fine paid for a violation of subdivision (a) when the violation was captured by an automated schoolbus video enforcement system.
(f) (1) An automated video traffic enforcement system shall capture all of the following:
(A) Vehicle manufacturer, model name, color, and license plate displayed.
(B) A clear view of a vehicle passing the schoolbus on either side.
(C) The date and time the recording was made.
(D) An electronic symbol showing the activation of the amber lights, flashing red lights, stop signal arm deployment, and brake activation.
(2) An automated video traffic enforcement system shall not capture video or images of a person inside a vehicle violating subdivision (a) or of another vehicle or person in the vicinity of the violation.
(3) An automated video traffic enforcement system shall activate only when the bus is stopped, the red
lights are flashing, and the stop sign is deployed. The system shall record only when triggered by the motion of a passing vehicle.
(4) Video images captured by the automated video traffic enforcement system that are in the custody of a school district shall be destroyed within 30 days of recording. Video images in the custody of a law enforcement agency shall be destroyed within 30 days, or if the images result in the issuance of a citation, immediately following the final resolution of the case.
(5) A schoolbus equipped with an automated video traffic 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 - IT’S THE LAW”
“VIDEO ENFORCED STOP”
(g) (1) Notwithstanding any other law, any information, image, or other data captured or generated by the automated video traffic enforcement system is confidential, shall be encrypted, and shall only be accessed by the law enforcement agency responsible for issuing a citation, by a vehicle owner or driver pursuant to subdivision (h), or pursuant to a court order. Information, images, or data shall not be viewed by the school district or vendor having custody or control of the automated video traffic enforcement system. Information, images, or data in the custody of a law enforcement agency shall be stored in a secure database.
(2) A school district shall use an automated video traffic enforcement system or any information, image, or other data captured or generated by that system for the purposes authorized by this section only.
(3) The State
Board of Education may adopt standards, rules, and regulations to address student privacy concerns that may arise from the use of an automated video traffic enforcement system.
(h) The vehicle owner and vehicle driver have a right to a copy of the automatically captured video image when a violation of subdivision (a) is charged. If the vehicle is a rented vehicle, the rental company has a right to view, but not own, store, or share, an image of the vehicle involved in a violation of subdivision (a).
(i) (1) A school district that adopts an automated video traffic enforcement system shall create a 90-day public communication plan to inform persons in the school district that the system is operative.
(2) No citation shall be issued during the first 90 days a school district operates an automated
video traffic enforcement system. During this period, a registered owner of a vehicle captured by an automated video traffic enforcement system violating subdivision (a) shall be issued an education or warning letter.
(3) A citation shall issue for a violation of subdivision (a) captured by the automated traffic enforcement system, after the school district has operated the system for 90 days.
(4) If a second violation of subdivision (a) occurs within 10 days of mailing the citation for the first violation of subdivision (a), no citation shall issue for the second violation. This shall not apply to a subsequent citation.
(j) (1) Installation or operation of an automated traffic enforcement system on a schoolbus does not preclude a schoolbus driver from reporting a violation of subdivision (a)
pursuant to paragraph (1) of subdivision (c). Actions by a driver to furnish information to law enforcement or not, pursuant to paragraph (1) of subdivision (c), shall not be used in personnel or discipline actions by a school district.
(2) A school district shall incorporate a regular review and attestation of the proper functioning of an automated video traffic enforcement system into its routine procedures for ensuring a schoolbus’ safe worthiness.
(3) Upon request by a law enforcement agency investigating a violation of subdivision (a) for video evidence collected by an automated traffic enforcement system, the district shall provide the relevant video evidence to law enforcement. The district shall not access any image or information when providing it to the law enforcement agency.
(k) A citation issued pursuant
to paragraph (3) of subdivision (i) shall include an affidavit of nonliability that may be signed by the registered owner of the vehicle to attest that they were not driving the vehicle at the date and time of the citation. If the driver signs the affidavit of nonliability under penalty of perjury, the citation shall be dismissed, absent evidence to rebut statements in the affidavit.
(l) The printed representation of computer-generated information, video, or photographic images stored by an automated traffic enforcement system does not constitute an out-of-court hearsay statement by a declarant under Division 10 (commencing with Section 1200) of the Evidence Code.
(m) A driver of a schoolbus equipped with an automated video traffic enforcement system shall not incur any increased liability or be liable for the
operation of that system.
(n) Video or images captured by an automated video traffic enforcement system shall not be used for the purpose of employee surveillance or discipline.
(o) This section also applies to a roadway upon private property.