A. Regulations:
1. The operator of a vehicle on a highway, upon meeting or overtaking a school bus which is displaying alternating flashing amber warning light signals, shall slow the vehicle, but may proceed past the school bus using due care and caution at a speed not greater than twenty (20) miles per hour for the safety of the school children that may be present in the vicinity.
2. For purposes of this section, "automated traffic enforcement safety device" means a device that:
a. Is affixed to a school bus;
b. Is capable of detecting a vehicle unlawfully overtaking or passing a school bus;
c. Is capable of producing a photograph or video image of the rear of a vehicle, including an image of the vehicle's license plate; and
d. Produces a time stamp on the photograph or video image described in subsection A6 of this section.
3. As used in this section:
HIGHWAY: Means the entire width between property lines of every way or place of any nature when any part of it is open to the use of the public as a matter of right for vehicular travel.
OPERATOR: Means:
a. A human driver, as defined in Utah Code Annotated, section 41-26-102.1, that operates a vehicle; or
b. An automated driving system, as defined in Utah Code Annotated, section 41-26-102.1, that operates a vehicle.
SCHOOL BUS: Means a motor vehicle that:
a. Complies with the color and identification requirements of the most recent edition of "Minimum Standards for School Buses"; and
b. Is used to transport school children to or from school or school activities.
VEHICLE: Means a device in, on, or by which a person or property is or may be transported or drawn on a highway, except a mobile carrier, as defined in Utah Code Annotated, section 41-6a-1120, or a device used exclusively on stationary rails or tracks.
a. "Vehicle" includes a motor vehicle, trailer, semitrailer, off-highway vehicle, camper, park model recreational vehicle, manufactured home, and mobile home.
4. A violation of this section is a Class C misdemeanor and the minimum fine is:
a. One hundred dollars ($100.00) for the first offense;
b. Two hundred dollars ($200.00) for a second offense within three (3) years of a previous conviction or bail forfeiture; and
c. Five hundred dollars ($500.00) for a third or subsequent offense within three (3) years of a previous conviction or bail forfeiture.
5. A court of competent jurisdiction may order a person convicted of violating this section to perform compensatory service in lieu of the fine or any portion of the fine if the court includes its reasons for the waiver as part of the record.
6. In accordance with Utah Code Annotated, sections 78A-5-110, 78A-6-210, and 78A-7-120, as applicable, if a photograph or video image obtained from an automated traffic enforcement safety device was used as evidence of a violation of this section, twenty percent (20%) of the fine collected under subsection A4 of this section shall be deposited with the school district or private school that owns or contracts for the operation of the bus to offset the costs of the automated traffic enforcement safety device. (Ord. 19-12, 7-30-2019)