SB 868 — Passing stopped school buses; rebuttable presumption.

SESSION ENROLLED VIRGINIA ACTS OF ASSEMBLY ––-- 2023 SESSION CHAPTER E402 An Act to amend and reenact § 46.2-844 of the Code of Virginia, relating to passing stopped school buses;

R O [S 868] Approved LMarch L23, 2023 Be it enacted by the General Assembly of Virginia:

E § 46.2-844.

DA. stopped on any highway, private road, or school driveway for the purpose of taking on or dischargingis children, the elderly, or mentally or physically handicapped persons, who, in violation of § 46.2-859, fails to stop and remain stopped until all such persons are clear of the highway, private road, or school driveway and the bus is put in motion is subject to a civil penalty of $250, and any prosecution shall be instituted and conducted in the same manner as prosecutions for traffic infractions.

AThe prosecutiondriver orof proceedinga undermotor §vehicle 46.2-859approaching isfrom any direction a barclearly tomarked aschool prosecutionbus orthat proceedingis understopped thison sectionany highway, private road, or school driveway for the samepurpose act,of andtaking aon prosecutionor discharging children, the elderly, or proceedingmentally underor thisphysically sectionhandicapped ispersons, awho, barin violation of § 46.2-859, fails to astop prosBcutionand remain stopped until all such persons are clear of the highway, private road, or proceedingschool underinstituted §and 46.2-859conducted forin the same act.manner as prosecutions for traffic infractions.

6prosecution businessshall daysbe ofA theprosecution allegedor violation,proceeding proofunder that§ the46.2-859 motoris vehiclea describedbar into thea summonsprosecution wEs10or 30proceeding operatedunder in violation of this section,section togetherfor with proof that the defendantsame wasact, atand thea timeprosecution ofor suchproceeding violationunder thethis registeredsection owneris ofa thebar vehicle, as required by Chapter 6 (§ 46.2-600 et seq.) shall give rise to a rebuttableprosecution presumptionor thatproceeding theunder registered§ owner46.2-859 of the vehicle was the person who operated the vehicle at the place where, and for the timesame duringact. which, the violation occurred.

SuchIn presumptionany shallprosecution befor rebuttedwhich ifa (i)summons thecharging ownera violation of thethis vehiclesection fileswas anissued affidavitwithin by10 regular30 mailbusiness withdays the clerk of the generalalleged districtviolation, courtproof that hethe wasmotor notvehicle thedescribed operatorin of the vehiclesummons atwas theoperated timein violation of thethis allegedsection, violation,together (ii)with theproof ownerthat testifiesthe indefendant openwas courtat underthe oathtime thatof hesuch wasviolation not the operatorregistered owner of the vehiclevehicle, atas therequired timeby ofChapter reported6 to(§ the46.2-600 policeet asseq.) stolenshall priorgive rise to thea timerebuttable ofpresumption that the allegedregistered violationowner of thisthe sectionvehicle iswas presented prior to the returnperson datewho establishedoperated on the summonsvehicle issuedat pursuantthe toplace thiswhere, sectionand tofor the courttime adjudicatingduring which, the allegedviolation violation.occurred.

Such presumption shall be rebutted if (i) the owner of the vehicle files an affidavit by regular mail with the clerk of the general district court that he was not the operator of the vehicle at the time of the alleged violation, (ii) the owner testifies in open court under oath that he was not the operator of the vehicle at the time of the alleged violation, or (iii) a certified copy of a police report showing that the vehicle had been reported to the police as stolen prior to the time of the alleged violation of this section is presented prior to the return date established on the summons issued pursuant to this section to the court adjudicating the alleged violation.

For purposes of this subsection, "video-monitoring system" means a system with one or more camera sensors and computers installed and operated on a school bus that produces live digital and shall, at a minimum, produce a recorded imagevideo of themotor licensevehicles platebeing andoperated shallin recordviolation the activation status of at least one warning device as prescribed in § 46.2-109046.2-859. and the time, date, and location of the vehicle when the image is recorded.

All such systems installed shall, at a minimum, produce a recorded image of the license plate and shall record the activation status of at least one warning device as prescribed in § 46.2-1090 and the time, date, and location of the vehicle when the image is recorded.

In any locality that has adopted such an ordinance, a summons for a violation of subsection A may be executed as provided in § 19.2-76.2 and, notwithstanding the provisions of § 19.2-76, the summons may be executed by mailing by first-class mail a copy thereof to the address of the owner of the vehicle contained in the records of the Department.

No proceedings for contempt or arrest of a person summoned by executedmailing forshall violationbe ofinstituted thisfor sectionfailure shall provide to theappear personon summoned at least 30 business days from the mailingreturn ofdate the summons to inspect information collected by a video-monitoring system in of 2 connection with the violation.summons.

Any summons executed for violation of this section shall provide to the person summoned at least 30 business days from the mailing of the summons to inspect information collected by a video-monitoring system in connection with the violation.

Any private vendor contracting with a school division pursuant to this subsection may impose and of 2 collect an administrative fee in addition to the civil penalty imposed for a violation of subsection A and payable pursuant to this subsection, so as to recover the expenses of collecting any unpaid civil penalty when such penalty remains due more than 30 days after the date of the mailing of the summons and notice.