Existing law prohibits a governmental entity or its agents from using photographic, video or digital equipment to gather evidence in order to issue a traffic citation or civil infraction citation unless the equipment is: (1) a portable camera or event recording device worn or held by a peace officer; (2) installed within a vehicle or facility of a law enforcement agency; or (3) privately owned by a nongovernmental entity. (NRS 484A.600) Sections 2 and 3 of this bill create an exception to this prohibition, authorizing the board of trustees of a school district to allow for the installation and use of a school bus infraction detection system in school buses owned by the school district to enforce existing provisions of law prohibiting a driver of any vehicle from overtaking or passing a school bus which: (1) has stopped to receive or discharge any pupil; and (2) is displaying a flashing red light signal visible from the front and rear. (NRS 484B.353) Section 2 requires a peace officer of a traffic enforcement agency with jurisdiction over the location in which any school bus equipped with such a system operates to review the evidence of such a violation recorded by the system before a civil infraction citation is issued. Section 2 further creates a rebuttable presumption that the driver of the vehicle at the time of a violation detected by a school bus infraction detection system is the registered owner of the vehicle and provides a method for rebutting this presumption. Sections 1 and 2 of this bill provide that a violation detected by a school bus infraction detection system is not a moving traffic violation. Sections 1 and 4-6 of this bill make conforming changes to: (1) exclude traffic violations detected by a school bus infraction detection system from the assessment of demerit points; and (2) provide for the issuance of civil infraction citations for violations detected by a school bus infraction detection system.

Statutes affected:
As Introduced: 483.473, 484A.600, 484A.640, 484A.704, 484B.353
BDR: 483.473, 484A.600, 484A.640, 484A.704, 484B.353