DEPARTMENT: Police Department
DEPARTMENT HEAD: William P. McManus, Chief of Police
COUNCIL DISTRICTS IMPACTED: Citywide
SUBJECT:
Proposed Civil Penalties for Bus Stop-Arm Violations
SUMMARY:
On April 7, 2016, Council members Alan E. Warrick and Ray Lopez requested City Council consider an ordinance that would create a civil penalty for “unlawfully passing a stopped school bus while loading and unloading students”, to include an overview of best practices from other major Texas cities. Over the last several years, a number of area school districts have expressed support for increasing penalties for violations of traffic laws that prohibit motorists from passing stopped school buses. In response to the threat posed to child safety by this issue, four school districts - North East ISD, South San ISD, East Central ISD and Judson ISD - implemented bus camera pilot programs to collect data and demonstrate the extent of the problem in their respective communities.
BACKGROUND INFORMATION:
Based on the interest expressed by area school districts with respect to this matter, the SAPD sent letters to all area school district superintendents and police departments to advise each respective school district of City Council consideration of an ordinance establishing civil penalties for school bus stop-arm violations and encouraging each to share data and feedback that may be relevant during this process.
Existing Enforcement Resources
The San Antonio Police Department enforces two school bus-related traffic codes; the table below details the relevant traffic codes and fines associated with each. Over the last three years, a total of 418 citations have been issued to motorists observed violating these codes.
|
Traffic Violation |
Base Fine |
|
Passing Stopped School Bus |
$500 |
|
Passing Stopped School Bus (Construction Zone) |
$1,000 |
In addition, the SAPD employs 256 crossing guards which are assigned to elementary schools throughout the city. The FY 2016 budget for the school crossing guard program is $2.4 million which is funded through the Child Safety Fund. The Child Safety Fund is comprised of revenue generated from Bexar County vehicle registrations, parking tickets and moving violations in school zones.
NEISD Pilot Program Data
During the 2012-2013 school year, the NEISD launched a school bus camera pilot program in coordination with three companies: Bus Guard, American Traffic Solutions and Student
Guardian/Red Flex that equipped 7 of its 315 school buses with a camera to document incidents of motorists illegally passing stopped school buses. The table below details the number of violations captured.
|
Company |
# Cameras/Buses |
Captured Violations |
|
Bus Guard |
2 |
294 |
|
American Traffic Solutions |
2 |
170 |
|
Student Guardian/RedFlex |
3 |
134 |
|
Total |
7 |
598 |
Major Texas City Comparison
Austin
The ordinance enacted by the City of Austin in 2015 allows the use of automated enforcement devices on school buses and makes violations of the ordinance a civil offense, with a fine up to $300. School districts within the City of Austin may choose to implement a program to assess, collect and adjudicate alleged violations, and is responsible for establishing the appropriate procedures. However, school districts may not create a duty or responsibility for a city officer or employee, or create an expense or obligation to the city.
There is no direct involvement by the City of Austin, the Austin Police Department or the Austin Municipal Court with any school district program and the city receives no revenue generated from the fines collected.
Since launching its program in February 2016, the Austin Independent School District has issued 2,287 citations, as of April 11, for violations captured by its 300 school buses.
Dallas
The ordinance enacted by the City of Dallas in 2012 permitting the use of school bus cameras provided by Dallas County Schools (later renamed Texserve) was contingent on Texserve funding the school crossing guard program. Dallas-area school districts have no involvement with the program.
The City of Dallas adjudicates the program: Public Works personnel review the camera footage, and the city is reimbursed for the costs. Dallas was not required to pay any program expenses, to include cameras, IT development and implementation. All funds generated were to be utilized to pay for the program. Once program payment is complete, the City of Dallas will receive payment. According to City staff, Dallas has received no money to date; all money has been dedicated to funding program operations.
Bus camera adjudications have been assigned to hearing officers previously hired by the City of Dallas to address red light camera violations. No additional staff has been hired by the municipal court system to administer the school bus camera program and handle appeals; judges simply absorb the cost and time associated with these hearings.
There were approximately 4,000 administrative appeals last year, with a decrease in appeals observed each year. From the public’s perspective, the greatest concern with the program is the requirement that the violation must be contested by the owner, not the driver.
Standards of Adjudication
In anticipation of City Council consideration of the proposed ordinance, SAPD met with Municipal Court and the City Attorney’s Office to create standards of adjudication that provide guidance to any area school districts that may choose to participate in a school bus camera program in the future. The following is an overview of the recommended adjudication process:
• Bus Camera Captures Potential Violation
• Video Review to Issue Written Findings
• Citation Issued to Vehicle Owner
• Appeal Process
• Imposition of Fine
• Collection Efforts Begin
This issue was presented to the Criminal Justice, Public Safety and Services Committee on Thursday, June 21. The Committee approved the staff recommendation to forward this item to the full City Council for consideration. The Committee did request that any participating school district provide an annual report to the City Council on the program.
ISSUE:
The proposed ordinance will establish a $300.00 civil penalty for school bus stop-arm violations and will allow interested school districts to implement bus camera programs to identify and issue citations to motorists who illegally pass stopped school buses.
FISCAL IMPACT:
Adoption of ordinance would have no fiscal impact. Ordinance permits area school districts to create program. There would be no expense to the City and any revenue generated would go directly to participating school districts.
ALTERNATIVE:
Civil penalties for school bus stop-arm violations not established and school districts not provided the option to implement program to identify and issue citations for violations. SAPD and school district police continue to cite motorists observed violating law.
RECOMMENDATION:
Staff recommends that City Council adopt an ordinance that establishes civil penalties for school bus stop-arm violations and allows individual school districts to engage in public discussions to decide if it wishes to implement such a program. Further, any school district that chooses to implement a school bus stop-arm program provide an annual report to City Council.