Problem of drivers passing stopped school buses being addressed countywide in Suffolk County

On Board Online • January 18, 2021

By Paul Heiser
Senior Research Analyst

New York State law makes it illegal to pass a stopped school bus when its stop sign is extended and red flashing lights are activated. However, the law is routinely disobeyed. According to the Governor's Traffic Safety Committee, an estimated 50,000 motor vehicles illegally pass New York State school buses every day.

Suffolk County is poised to become the first county in the state to equip school buses with cameras designed to catch illegally passing motorists. The plan is expected to be fully implemented by January 2021.

The county entered into a contract with Virginia-based BusPatrol America, a safety technology company that outfits buses with stop-arm cameras and other safety devices. BusPatrol will equip approximately 6,000 school buses with stop-arm cameras, making it the largest program of its kind in the country, according to Steve Randazzo, the assistant deputy county executive.

Stop-arm cameras are mounted on the stop signs that extend from the side of a school bus when it stops to pick up or drop off passengers. A sensor triggers a video recording each time it senses a vehicle passing the stopped bus illegally. A high-definition digital video recorder captures views of the event. These images then may be used by law enforcement to ticket violators.

New York is one of at least 22 states that have adopted laws authorizing footage from school bus stop-arm cameras to be used as evidence of lawbreaking, according to the National Conference of State Legislatures. The School Bus Camera Safety Act of 2019 authorizes a local board of education to enter into an agreement with a county, city, town or village to install and use stop-arm cameras to catch and fine scofflaws. In the absence of this authority, it is difficult for law enforcement officers to issue tickets for illegally passing a stopped school bus displaying a red visual signal without personally witnessing the violation.

The law stipulates that the total cost of installation be borne by the county, municipality, or other local government and the purchase of necessary equipment be subject to competitive bidding. The school district cannot access any images, but must forward them to the appropriate agency for prosecution. The fine for passing a school bus is $250 for a first offense, then $275 and $300 for a second and third offense, respectively, within an 18-month period.

The Suffolk County Legislature unanimously approved creating such a program last year after school officials in the Longwood and Bay Shore school districts testified that cars illegally passed their district buses more than 80 times a day, putting students at risk. Each bus will have six enforcement cameras and an artificial intelligence system that operates when a bus is stopped with red lights flashing. The cameras monitor up to eight lanes of traffic, and when a violation occurs, the technology records an image of the license plate. Acting as an authorized agent of the county government, BusPatrol then mails a ticket to the vehicle owner.

According to Randazzo, the program won't cost the county or school districts a dime. Instead, BusPatrol will absorb the cost of installing the cameras and recoup its investment through an arrangement by which it receives 45% of ticket revenues, with the other 55% going to the county. The county has committed to spending its portion of the funds on programs related to traffic and school bus safety.

Each school board must pass a resolution to opt into the program.

"It requires buy-in from a lot of stakeholder groups," Randazzo said. "But we're pleased with the strong support we've received so far. Some districts are taking their time. Some school boards have posed excellent questions for the county to consider, but there is broad support across the county. When all is said and done, we anticipate all districts [will] participate."

According to BusPatrol, between 95% and 98% of drivers who receive a ticket don't get a second one. "That's how we know it works, and we know it changes behavior," said BusPatrol CEO Jean Souliere.

Despite this success rate, most school districts and local governments are taking a wait-and-see approach, according to New York Association for Pupil Transportation Executive Director David Christopher.

"I think many school districts and municipalities are holding back due to a lack of understanding of the law, how it will be implemented and who will be picking up the cost," Christopher told On Board.

Christopher said many districts and local governments are unaware that there is often no financial cost to them for participating. He said that the two companies providing systems that qualify under New York's law - BusPatrol and Arizona-based Verra Mobility - cover the cost of procurement, installation and maintenance of stop-arm cameras in exchange for a portion of the revenues stop-sign violators pay through fines. BusPatrol typically equips every school bus in a school district with stop-arm cameras, while Verra Mobility targets buses on routes with high rates of traffic violations.

Broome, Oneida and Orange Counties have entered into agreements with Verra Mobility, although none has been implemented as yet. COVID-19 has delayed implementation in Orange County, according to Justin Rodriguez, the county's director of communications and media relations.

Christopher said forging agreements with county governments under the stop-arm camera law would appear to present fewer logistical hurdles for school districts than doing so with town or village governments. Agreements with counties would eliminate the need to enter into negotiations with multiple entities, since school districts typically draw students from more than one town or village. He said the Suffolk County program is very important because it's setting the template for how this might work elsewhere in the state.

Some school districts have stop-arm cameras on their buses outside the aegis of the School Bus Camera Safety Act of 2019. However, they must bear the cost of procuring, installing and maintaining the equipment. In addition, the camera images alone may not be sufficient evidence to issue a ticket to an offender.

For instance, the Galway Central School District in Saratoga County has long employed traffic surveillance devices on its buses to have a visual record in case a school bus becomes involved in an accident. But since the county has not passed a resolution opting into the state stop-arm camera law, it is difficult for the sheriff's office to ticket the violator. They may need to gather further evidence besides the video footage, such as witness statements and driver interviews. It's up to the district attorney's office as to how the charges would be handled.

Jacqlene McAllister, Galway's business administrator, told On Board that the district, which draws students from eight towns, would like to see Saratoga County pass legislation to opt into the School Bus Camera Safety Act. She said the issue got pushed aside when schools shut down last spring for four months, eliminating virtually all bus travel.

"This would add another level of safety for our students going to and from school," McAllister said.

Likewise, in an effort to cut down on illegal bus passes on a busy road that runs through the center of town, the 1,250-student Seneca Falls Central School District obtained funding from the Town of Seneca Falls to retrofit existing school buses with stop-arm cameras and make stop-arm cameras a feature on all new buses. The town agreed to reimburse the district for the cost of installation and maintenance of the stop-arm cameras.

Motorists seem to have noticed, said James Bruni, the district's administrator of business and operations. "The stop-arm cameras on those specific buses have made a dramatic difference in [the number of] buses being passed," he said.