Section 14-NEW - [Newly enacted section not yet numbered] Use of municipal school bus violation enforcement system(a) As used in this section, "municipal school bus violation enforcement system" means a system with one or more camera sensors and computers that produce: (1) Digital and recorded video images of motor vehicles being operated in violation of an ordinance adopted pursuant to subsection (b) of this section, (2) a visual image that is viewable remotely and a recorded image of the number plate of a motor vehicle violating an ordinance adopted pursuant to subsection (b) of this section, and (3) a recorded image that indicates the date, time and location of the violation.(b)(1) Any municipality, as defined in section 7-148 of the general statutes, may, by vote of its legislative body, adopt an ordinance to authorize the use of a municipal school bus violation enforcement system to enforce the provisions of subsection (a) of section 14-279 of the general statutes, provided such ordinance: (A) Specifies that the owner of a motor vehicle commits a violation of the ordinance if the person operating such motor vehicle violates the provisions of subsection (a) of section 14-279 of the general statutes, unless an affidavit is filed pursuant to subsection (j) of this section, (B) adopts the procedures described in this section and establishes a citation hearing procedure pursuant to section 7-152c of the general statutes, which may include an option for in-person and virtual citation hearings, (C) establishes a fine for committing a violation of such ordinance in the amount of two hundred fifty dollars, (D) permits the municipality or its designated agent to collect such fines, with proceeds credited to the municipality, and (E) requires funds received by the municipality from such fines to be used for the purposes of improving public safety in such municipality, compensating any private vendor that installs, operates or maintains a municipal school bus violation enforcement system or both. Any such ordinance may require proof of a violation by a preponderance of the evidence.(2) No ordinance adopted by a municipality pursuant to subdivision (1) of this subsection shall be effective if such municipality, the local or regional board of education serving such municipality or a private vendor under an agreement with such municipality or such board of education is operating a live digital video school bus violation detection monitoring system pursuant to section 14-279a of the general statutes.(c)(1) A municipal school bus violation enforcement system installed to enforce an ordinance adopted pursuant to subsection (b) of this section shall, to the extent practicable, record images of the number plate of a motor vehicle only, and shall not record images of the occupants of such motor vehicle or of any other persons or vehicles in the vicinity at the time the images are recorded. A citation issued under an ordinance adopted pursuant to subsection (b) of this section may not be dismissed in a citation hearing solely because a recorded video or digital still image reveals images of such occupants or other persons or vehicles, as long as the operator of such system has made reasonable efforts to comply with the provisions of this subsection.(2) A warning sign shall be posted on all school buses in which a municipal school bus violation enforcement system is installed and operated indicating the use of such system.(d)(1) Upon receipt of an evidence file from a municipal school bus violation enforcement system that captures an alleged violation of an ordinance adopted pursuant to subsection (b) of this section, a police officer or authorized municipal employee shall review such file. If such officer or employee has reasonable grounds to believe that such a violation occurred and such file captures the number plate, color and type of vehicle allegedly violating such ordinance and the date, approximate time and location of such violation, such officer or employee shall issue a written warning or citation to the owner of such vehicle. Such officer or employee shall electronically certify a citation, and such citation shall only be issued if mailed within the time period described in subdivision (2) of this subsection.(2) In the case of an alleged violation involving a motor vehicle registered in the state, the municipality, or its designated agent, shall send a copy of a citation to the owner of the motor vehicle observed in the alleged violation not later thirty days after the date of the alleged violation. In the case of an alleged violation involving a motor vehicle registered in another jurisdiction, the municipality, or its designated agent, shall send a copy of a citation to the address of the owner that is in the records of the official in the other jurisdiction issuing such registration not later than sixty days after the alleged violation.(3) A citation issued pursuant to subdivision (1) of this subsection shall include: (A) The name and address of the owner of the motor vehicle; (B) the number plate of the motor vehicle; (C) the ordinance allegedly violated; (D) the date, location and time of the alleged violation; (E) a copy of or information on how to view, through electronic means, the recorded images described in this section; (F) a statement or electronically generated affirmation by the police officer or authorized employee who reviewed the recorded images and determined that the motor vehicle violated an ordinance adopted pursuant to subsection (b) of this section; (G) the fine imposed pursuant to the ordinance and how to pay such fine; (H) notice of the right to contest the citation and instructions for how to request a citation hearing; and (I) information advising the owner of the motor vehicle of the procedure for disclaiming liability by submitting an affidavit as described in subsection (j) of this section to the municipality or its designated agent.(e) A citation shall be sent by first class mail. A manual or automated record prepared by the police officer, authorized employee or vendor in the ordinary course of business shall be prima facie evidence of such mailing and shall be admissible in any citation hearing as to the facts contained in the citation.(f) A certificate or facsimile of a certificate of the review of the evidence produced by the municipal school bus violation enforcement system, sworn to by the police officer or authorized municipal employee who conducted such review, shall be prima facie evidence of the facts contained in such certificate.(g) The owner of a motor vehicle shall be liable for any fine imposed pursuant to an ordinance adopted pursuant to subsection (b) of this section, unless (1) the vehicle identified by a municipal school bus violation enforcement system is a leased or rented motor vehicle, in which case the lessee of such vehicle shall be liable for any such fine, or (2) an affidavit is filed pursuant to subsection (j) of this section, in which case the operator shall be liable for any such fine.(h) A digital still or video image produced by a municipal school bus violation enforcement system shall be sufficient evidence of a violation of an ordinance adopted pursuant to subsection (b) of this section and shall be admitted at a citation hearing proceeding without further authentication.(i) All defenses shall be available to any person who is alleged to have committed a violation of an ordinance adopted pursuant to subsection (b) of this section, including, but not limited to, that: (1) The operator was driving an emergency vehicle in accordance with the provisions of subdivision (1) of subsection (b) of section 14-283 of the general statutes, (2) the violation was necessary to allow the passage of an emergency vehicle, (3) the violation was necessary in order for the operator to comply with an order or direction from a law enforcement officer, which is observable on the recorded images, (4) the violation was necessary to avoid injuring the person or property of another, (5) the violation took place during a period of time in which the motor vehicle had been reported as being stolen to a law enforcement unit, as defined in section 7-294a of the general statutes, and had not been recovered prior to the time of the violation, or (6) the operator received a citation for a violation of section 14-279 of the general statutes, for the same incident.(j) Not later than thirty days after the mailing of a citation pursuant to subdivision (2) of subsection (d) of this section, the owner of a motor vehicle may submit a notarized affidavit, executed by such owner and the operator of such vehicle at the time of the alleged violation, stating that such operator is the party who may be responsible for the alleged violation and providing the name and address of such operator. If the municipality or its designated agent receives such an affidavit, the municipality shall mail a citation to such operator not later than thirty days after receipt of the affidavit.(k) No recorded image produced by a municipal school bus violation enforcement system may be introduced as evidence in any other civil or criminal proceedings.(l) A digital still or video image produced by a municipal school bus violation enforcement system to enforce an ordinance adopted pursuant to subsection (b) of this section shall be destroyed the later of: (1) Ninety days after the date of the creation of such digital still or video image, or (2) upon payment or final disposition of all matters related to a citation issued for a violation of an ordinance adopted pursuant to subsection (b) of this section, to which such digital still or video image pertains.(m) Violations of an ordinance adopted pursuant to subsection (b) of this section shall not be made part of the driving control record, as described in section 14-111l of the general statutes, of such owner and may not be used for any purpose in the provision of a motor vehicle insurance policy.(n) A municipality or local or regional board of education may enter into an agreement with a private vendor for the installation, operation or maintenance, or any combination thereof, of a municipal school bus violation enforcement system for purposes of enforcing an ordinance adopted pursuant to subsection (b) of this section. Any such agreement that requires a vendor to operate such a system shall require such vendor to report to the municipality in which such system operates and the appropriate local or regional board of education, not later than August first following the vendor's first operation of such system pursuant to such agreement, and not later than August first in each year thereafter in which the operation of such system continues pursuant to such agreement: (1) The total number of citations issued in the prior fiscal year for violations of an ordinance adopted pursuant to subsection (b) of this section that were detected and recorded by the municipal school bus violation enforcement system, and (2) the total amount of funds collected for such violations in the prior fiscal year.(o)(1) Each municipality that adopts an ordinance pursuant to subsection (b) of this section shall, not later than October first following adoption of such an ordinance, and not later than October first in each year thereafter in which such ordinance is in effect, submit a report to the Department of Transportation, which shall include, but need not be limited to: (A) A copy of such ordinance, (B) the total number of citations issued for a violation of such ordinance in the prior fiscal year, (C) the total amount of funds collected for such violations in the prior fiscal year, and (D) how the municipality spent such funds in the prior fiscal year.(2) Not later than January 1, 2026, and annually thereafter, the Department of Transportation shall submit a report, in accordance with the provisions of section 11-4a of the general statutes, to the joint standing committees of the General Assembly having cognizance of matters relating to public safety and security and transportation. Such report shall include copies of the ordinances and a summary of the information submitted to the department pursuant to subdivision (1) of this section.Conn. Gen. Stat. § 14-NEW
Added by P.A. 24-0107,S. 4 of the Connecticut Acts of the 2024 Regular Session, eff. 7/1/2024.