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a. Any bus or other motor vehicle used to transport students to or from schools pursuant to a contract between a school bus vendor and the department of education shall, at all times that students are present on such vehicle, be equipped with an operational two-way radio or other authorized communication device capable of allowing communication with the driver of such vehicle.
b. The department of education shall promulgate rules regarding the safe usage of such communication devices.
(L.L. 2019/032, 2/9/2019, eff. 9/5/2019)
a. For purposes of this section, the term "GPS" means a global positioning system, or a comparable location tracking technology, that uses navigational satellites to determine a user's location and velocity in real time.
b. Any bus or other motor vehicle used to transport students to or from schools pursuant to a contract between a school bus vendor and the department of education shall, at all times that students are present on such vehicle, be equipped with a GPS tracking device.
c. A GPS tracking device installed on any bus or other motor vehicle used to transport students to or from schools shall be operational at all times such vehicle is in use pursuant to the contract.
d. GPS data regarding the real time location and velocity of the bus or other motor vehicle used to transport students to or from schools shall be made available electronically to the department, as well as to authorized parents or guardians of students who are being transported by such bus or other motor vehicle.
e. Records created by any such GPS tracking devices shall be maintained in an electronic database.
f. No information that is otherwise required to be reported or be made available electronically pursuant to this section shall be reported or be made available electronically in a manner that would violate any applicable provision of federal, state or local law related to the privacy of information or that would interfere with law enforcement investigations or otherwise conflict with the interests of law enforcement.
g. Beginning April 30, 2020, and on or before each October 31 and April 30 thereafter, the department shall submit to the speaker of the council for the relevant reporting period, as defined in section 21-993, the scheduled arrival and departure times for each transportation site, and data points, including the time of day corresponding with the actual arrival at the first and last transportation site of each special education school bus route and general education school bus route for each day of the reporting period. Such information shall also include the school bus vendor.
(L.L. 2019/032, 2/9/2019, eff. 9/5/2019; Am. L.L. 2019/026, 2/9/2019, eff. 9/5/2019)
a. Definitions. For purposes of this section, the following terms have the following meanings:
Implementing agency. The term "implementing agency" means an agency designated by the mayor to carry out the provisions of subdivisions c, d and h of this section.
Owner. The term "owner" has the same meaning as set forth in section 239 of the vehicle and traffic law.
School bus photo violation monitoring system. The term "school bus photo violation monitoring system" has the same meaning as set forth in subdivision (c) of section 1174-a of the vehicle and traffic law.
b. Liability for passing a stopped school bus. If the operator of a vehicle fails to comply with section 1174 of the vehicle and traffic law when meeting a school bus operated in the city and marked and equipped as provided in subdivisions 20 and 21-c of section 375 of the vehicle and traffic law, the owner of such vehicle shall be liable in accordance with section 1174-a of the vehicle and traffic law and shall be subject to the monetary penalties described in subdivision e of this section.
c. Installation and operation of photo violation monitoring systems.
1. Subject to paragraph 2 of this subdivision, a stationary or mobile school bus photo violation monitoring system may be installed and operated to carry out the provisions of this section by the implementing agency.
2. A mobile school bus photo violation monitoring system may be installed and operated on a school bus to carry out the provisions of this section only if:
(a) the city and the city school district enter into an agreement for such installation and operation; and
(b) such agreement is in effect.
d. Privacy measures. In carrying out this section, appropriate privacy measures, as described in paragraph 4 of subdivision (a) of section 1174-a of the vehicle and traffic law, shall be adopted and enforced by the implementing agency.
e. Adjudication; penalties.
1. The parking violations bureau shall adjudicate imposition of liability under this section in accordance with a schedule of monetary fines and penalties promulgated as authorized by section 1174-a of the vehicle and traffic law.
2. The provisions of sections 239, 240, 241 and 1174-a of the vehicle and traffic law shall apply with respect to the imposition and adjudication of any liability under this section and notice with respect to any such liability.
3. Any photographs, microphotographs, videotape or other recorded images evidencing a violation under this section shall be available for inspection in any proceeding to adjudicate the liability for such violation.
f. Payment to school district required. If the city does not make the payment to the school district required by paragraph 1-b of subdivision (a) of section 1174-a of the vehicle and traffic law, no liability may be imposed under this section until the city makes such required payment to the district.
g. Implementation of program. The mayor may designate any additional city agency or office or employees of any city agency to assist in implementing the provisions of this section.
h. Annual report. The implementing agency shall submit an annual report on the results of the use of a school bus photo violation monitoring system to the mayor and the speaker of the council. Such report shall be submitted by June 1 of each year in which such system is operable. Such report shall include, but need not be limited to, the information described in subdivision (m) of section 1174-a of the vehicle and traffic law.
(L.L. 2022/010, 1/9/2022, eff. 4/9/2022, repealed eff. 12/1/24)
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2022/010.