NRS 484A.605 School bus infraction detection system: Board of trustees of school district may authorize installation and use; agreements with vendors and traffic enforcement agencies; notice to public; civil infraction citations; requirements for images recorded by system; rebuttable presumptions; peace officer not prohibited from issuing citation; hearings; penalties; use of fines; reporting.

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A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

1. A board of trustees of a school district may authorize the installation and use of a school bus infraction detection system in school buses owned by the school district to enforce the provisions of NRS 484B.353 .

2. The board of trustees of a school district that authorizes the installation and use of a school bus infraction detection system:

(a)May enter into a contractual agreement with a third party vendor to install and administer such a school bus infraction detection system; and

(b)Shall enter into an agreement with a traffic enforcement agency with jurisdiction over the location in which any school bus equipped with a school bus infraction detection system operates to review the evidence of any alleged infraction of NRS 484B.353 recorded by the school bus infraction detection system.

3. If a school district has not previously installed and used a school bus infraction detection system the school district shall, for not less than 30 days after a school bus infraction detection system is placed into use by the school district:

(a)Conduct a public awareness campaign regarding the use of school bus infraction detection systems within the school district; and

(b)Notify the public of the specific date on which a violation detected by the school bus infraction detection system will become enforceable.

4. If, during the period the public awareness campaign described in subsection 3 is conducted, a peace officer of a traffic enforcement agency determines from evidence recorded by a school bus infraction detection system that a person has violated NRS 484B.353 , the peace officer may issue only a warning.

5. If, after reviewing the evidence recorded by a school bus infraction detection system, a peace officer of a traffic enforcement agency determines that a violation of NRS 484B.353 occurred in a location over which the traffic enforcement agency has jurisdiction, the peace officer shall cause a civil infraction citation to be issued pursuant to NRS 484A.7033 for the violation to be sent by the traffic enforcement agency or its designee by first class mail to the address listed with the Department for the registered owner of the vehicle identified by the school bus infraction detection system.

A manual or automated record prepared by the traffic enforcement agency or its designee evidencing that the citation was mailed is prima facie evidence of service and shall be admissible in any hearing as to the facts contained in the civil infraction citation.

6. In addition to the information required by subsection 1 of NRS 484A.7035 , a civil infraction citation issued pursuant to NRS 484A.7033 for a violation described in subsection 5 must include:

(a)The date and time of the violation;

(b)A photograph or other recorded image produced by the school bus infraction detection system, or the address of the Internet website on which such an image may be viewed, showing:

(1)The vehicle involved in the violation;

(2)If a stop arm was installed on the school bus, that the stop arm was extended at the time of the violation; and

(3)An electronic indicator evidencing that the flashing red light signals of the bus were activated at the time of the violation; and

(c)A statement summarizing the provisions of subsection 8.

7. To the extent practicable, a school bus infraction detection system shall not record images of the occupants of a motor vehicle at the time in which the images are recorded by the system. A civil infraction citation issued pursuant to this section may not be dismissed because a recorded video or digital image includes images of the occupants of the motor vehicle.

8. The registered owner of a vehicle is presumed to be the driver of the vehicle at the time of a violation of NRS 484B.353 which was recorded by a school bus infraction detection system. This presumption may be rebutted if the registered owner of the vehicle submits an affidavit to the traffic enforcement agency or its designee or presents an affidavit as evidence at a hearing held pursuant to subsection 3 of NRS 484A.704 stating under penalty of perjury:

(a)The name and address of the person having care, custody and control of the vehicle at the time of the violation; or

(b)That the vehicle was, at the time of the violation, stolen.

9. An affidavit presented as evidence pursuant to paragraph

(b)of subsection 8 must contain evidence that supports the affidavit, including, without limitation, a police report or an insurance report.

10. Photographs or other recorded images produced by a school bus infraction detection system shall be deemed prima facie evidence of a violation of NRS 484B.353 and are admissible at any hearing for a citation issued for a violation detected by a school bus infraction detection system pursuant to this section without further authentication. In any hearing for a citation issued for a violation detected by a school bus infraction detection system, there is a rebuttable presumption that:

(a)At the time in which a violation of NRS 484B.353 was detected by a school bus infraction detection system, the school bus was marked and equipped with signs and signals as required by law; and

(b)Where recorded images from a school bus infraction detection system show the activation of a stop arm or flashing red light signals, the school bus was stopped to receive or discharge a pupil and was displaying a flashing red light signal visible from the front and rear of the school bus.

11. Any photograph or recorded image produced by a school bus infraction detection system must be destroyed not later than 90 days after:

(a)If a peace officer of a traffic enforcement agency does not cause to be issued a civil infraction citation pursuant to subsection 5 in connection with the photograph or recorded image, the date on which the photograph or recorded image was produced; or

(b)If a peace officer of a traffic enforcement agency causes to be issued a civil infraction citation pursuant to subsection 5 in connection with the photograph or recorded image, the date on which:

(1)The person receiving the civil infraction citation submits, pursuant to subsection 2 of NRS 484A.704 , full payment of the monetary penalty, the administrative assessment and any fees to the court specified in the citation;

(2)The court enters an order dismissing the civil infraction citation in the court’s records; or

(3)The court enters an order pursuant to NRS 484A.7043 finding that the person committed the civil infraction and assessing the monetary penalty and administrative assessments prescribed for the civil infraction.

12. The provisions of this section do not prohibit a peace officer from issuing a traffic citation for a violation of any law of this State for which evidence is recorded by a school bus infraction detection system if the peace officer personally witnesses a violation. A person who is issued a traffic citation by a peace officer pursuant to this subsection must not be issued a civil infraction citation based on evidence recorded by the school bus infraction detection system for the same violation for which the peace officer issued the person the traffic citation.

13. Except as otherwise provided in this section, a hearing on a civil infraction citation issued pursuant to this section shall be conducted in accordance with NRS 484A.7041 .

14. A violation of NRS 484B.353 for which a civil infraction citation is issued pursuant to NRS 484A.7033 for a violation described in subsection 5:

(a)Is not a moving traffic violation under NRS 483.473 ; and

(b)Is punishable by an administrative fine in an amount set by the local authority, but not less than the fine imposed pursuant to NRS 484B.353 .

15. Notwithstanding any other provision of law, all administrative fines assessed and collected for a violation of NRS 484B.353 through the use of a school bus infraction detection system must be collected and remitted to the school district in which the violation occurred. The school district shall use the fines collected by this section to:

(a)Install, maintain or operate the school bus infraction detection systems on school buses;

(b)Compensate a third party vendor to install, operate or maintain the school bus infraction detection systems on school buses;

(c)Support any other infrastructure or program that increases the safety of transportation services for students; or

(d)Pay costs associated with the enforcement of violations detected by a school bus infraction detection system.

16. On or before January 31 of each year, each school district which uses a school bus infraction detection system shall prepare and submit a report to the Legislature for the immediately preceding year which includes, without limitation:

(a)The number of citations issued through the use of school bus infraction detection systems;

(b)The total amount of revenue collected as a result of such citations; and

(c)Any data related to the effectiveness of the use of school bus infraction detection systems in reducing the number of violations of NRS 484B.353 .

17. As used in this section, “school bus infraction detection system” means an electronic or digital system which produces a photograph or other recorded image of a vehicle which is used as evidence of a violation of NRS 484B.353 by the driver of the vehicle.