An Act amending Title 75 (Vehicles) of the Pennsylvania Consolidated Statutes, in rules of the road in general, further providing for automated enforcement of failure to stop for school bus with flashing red lights.

PRINTER'S NO. 1266
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No. 1046
Session of
2025
INTRODUCED BY BOSCOLA, FONTANA, TARTAGLIONE, VOGEL AND MILLER,
OCTOBER 21, 2025
REFERRED TO TRANSPORTATION, OCTOBER 21, 2025
AN ACT
Amending Title 75 (Vehicles) of the Pennsylvania Consolidated
Statutes, in rules of the road in general, further providing
for automated enforcement of failure to stop for school bus
with flashing red lights.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 3345.1(c), (i.2)(2)(i), (i.3), (i.4) and
(j) of Title 75 of the Pennsylvania Consolidated Statutes are
amended to read:
§ 3345.1. Automated enforcement of failure to stop for school
bus with flashing red lights.
* * *
(c) Penalty.--For each violation of this section, the owner
of the motor vehicle shall be subject to a penalty as follows:
(1) The penalty for the violation shall be [a fine of
$300. The fine shall be distributed as follows:] assessed
according to the following schedule:
(i) $100 for a first violation.
(ii) $200 for a second violation within 12 months of
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the first offense.
(iii) $300 for a third or subsequent violation
within 12 months.
(iv) In cases of egregious conduct, including
passing the bus at high speed or while children are
visibly in the roadway, law enforcement may impose a $300
fine, regardless of the schedule under this paragraph,
consistent with Pennsylvania State Police guidance.
(1.1) Fines under paragraph (1) shall be distributed as
follows:
(i) [$250] eighty percent to the school entity where
the violation occurred and which authorized the use of a
side stop signal arm enforcement system, which shall be
utilized for the installation, administration or
maintenance of side stop signal arm enforcement systems,
including through a system administrator under an
agreement with the school entity, on school buses;
(ii) [$25] ten percent to the primary police
department that reviewed the submitted evidence as
required under subsection (h.2); and
(iii) [$25] ten percent to the School Bus Safety
Grant Program Account.
[(1.1)] (1.2) The fine under paragraph (1) shall not be
subject to 42 Pa.C.S. § 3571 (relating to Commonwealth
portion of fines, etc.) or 3573 (relating to municipal
corporation portion of fines, etc.).
(4) A violation under this section shall not:
(i) be deemed a criminal conviction;
(ii) be made part of the operating record of the
individual upon whom the penalty is imposed under section
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1535 (relating to schedule of convictions and points);
(iii) be the subject of merit rating for insurance
purposes; [or]
(iv) authorize imposition of surcharge points in the
provision of motor vehicle insurance coverage[.]; or
(v) be used for any commercial purpose.
* * *
(i.2) Notice of violation.--
* * *
(2) The notice of violation shall include all of the
following:
(i) A copy of the recorded image showing the motor
vehicle[.], including instruction and an electronic link
for the owner of the motor vehicle to view the recorded
video of the alleged violation.
* * *
(i.3) Payment of fine.--Payment of the fine shall be as
follows:
(1) An owner of the motor vehicle may admit
responsibility for the violation and pay the fine provided in
the notice of violation personally, through an authorized
agent, electronically or by mailing both the payment and
notice of violation to the school entity or to a system
administrator on the school entity's behalf.
(2) Payment of the fine shall operate as a final
disposition of the violation of this section.
(3) [If] Except as provided under paragraph (4), if
payment is not received within 90 days of the mailing date of
the notice of violation, the school entity, or a system
administrator on the school entity's behalf, may request an
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applicable credit collection agency to resolve the payment
amount owed.
(4) If a hearing request to contest the violation has
been timely filed under subsection (i.4), no collection
action may be initiated under paragraph (3) until the
contested violation has been resolved and a final disposition
has been entered.
(i.4) Contest of violation.--The procedure for contesting a
violation of this section shall be as follows:
(1) An owner of the motor vehicle may, within 30 days of
the mailing date of the notice of violation, request a
hearing before the department's hearing officer to contest
liability either personally, by an authorized agent or by
mailing a request in writing on the prescribed form or
electronically. A hearing to contest liability may be in
person or be conducted through live-stream synchronous video
conferencing or similar virtual presence technology and shall
be only at reasonable locations and times set by the school
entity or the system administrator on the school entity's
behalf.
(2) Upon receipt of a hearing request, the school
entity, or the system administrator on the school entity's
behalf, shall in a timely manner schedule the matter before a
hearing officer designated by the department within 30 days
of the request made under paragraph (4). Written notice of
the date, time and place of hearing shall be sent by first
class mail or electronically to the owner of the motor
vehicle and shall be provided at least 30 days prior to the
scheduled hearing.
(2.1) If a hearing is not scheduled within 30 days of
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the request under paragraph (2), the violation shall be
subject to dismissal unless the department demonstrates good
cause for the delay. The burden of proof shall rest with the
department to demonstrate good cause.
(3) The hearing shall be informal and the rules of
evidence shall not apply. The decision of the department's
hearing officer shall be made within 45 days from the hearing
date and shall be final, subject to the right of the owner of
the motor vehicle to appeal the decision under paragraph (4).
(3.1) The school entity, in coordination with the system
administrator, if applicable, may enter into an agreement to
designate a person to represent the school entity, or the
system administrator on the school entity's behalf, to
administer the hearing to contest liability under this
subsection.
(4) If, within 45 days of issuance of the decision of
the department's hearing officer, the owner of the motor
vehicle requests in writing an appeal of the decision of the
department's hearing officer, the owner shall file the notice
of violation and supporting documents with the office of the
magisterial district judge for the magisterial district where
the violation occurred. A magisterial district judge shall
hear and decide the matter de novo and shall be restricted to
finding an owner liable or not liable for violating this
section and shall not assign damages to an owner or otherwise
impose penalties on primary police departments, police
officers, school entities, system administrators or other
persons involved in the appeal process, except as otherwise
provided under 42 Pa.C.S. § 1726 (relating to establishment
of taxable costs), which may only be assessed to the school
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entity or system administrator on the school entity's behalf.
(5) The school entity, or system administrator on the
school entity's behalf, shall reimburse the department for
the actual cost of the hearing officer designated under
paragraph (2).
(j) Department approval.--
(1) No side stop signal arm enforcement system may be
used without the approval of the department, which shall have
the authority to promulgate regulations for the certification
and use of such systems.
(2) Any system installed prior to the effective date of
this paragraph shall obtain department approval within six
months of the effective date of the temporary regulations
promulgated under paragraph (3).
(3) In order to facilitate the prompt implementation of
this section, regulations promulgated by the department under
this section during the three years following the effective
date of this section shall be deemed temporary regulations,
which shall expire upon the prompt promulgation of final
regulations. The temporary regulations shall not be subject
to:
(i) Sections 201, 202, 203, 204 and 205 of the act
of July 31, 1968 (P.L.769, No.240), referred to as the
Commonwealth Documents Law.
(ii) The act of June 25, 1982 (P.L.633, No.181),
known as the Regulatory Review Act.
(iii) Section 204(b) of the act of October 15, 1980
(P.L.950, No.164), known as the Commonwealth Attorneys
Act.
(4) Participation in enforcement activities under this
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section shall be conditioned upon completion of a department
approved training program designed for school entities,
system administrators and primary police departments. The
training shall address procedures for identifying and
processing violations, certification of evidence by law
enforcement, protection of personal information, compliance
with notice and appeals requirements.
(5) The department shall provide guidance to ensure that
all individuals who operate school buses, including those
employed by school entities and independent school bus
contractors, receive training on the proper use of stop arms
and signal lights in connection with enforcement activities
under this section.
* * *
Section 2. This act shall apply as follows:
(1) The amendment of 75 Pa.C.S. § 3345.1(c) shall apply
to violations occurring on or after the effective date of
this section.
(2) The amendment of 75 Pa.C.S. § 3345.1(i.4) shall
apply to hearing requests filed on or after the effective
date of this section.
Section 3. This act shall take effect as follows:
(1) This section shall take effect immediately.
(2) The remainder of this act shall take effect in 60
days or July 1 of the first school year beginning on or after
the effective date of this section, whichever is later.
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