Illegal Passing Survey Kevin Snowden, Director School Transportation Management Florida Department of Education

2015-2016 School Year 8007 school bus drivers reported (55%), representing 33 Districts (49%) Number of violations reported: 9,599 (in one day) In theory, if 9,599 is only 55% of the drivers represented in FL, then 100% drivers reporting = 17,452 stop arm violations in one day. Resulting in over 3 million violations annually (just in Florida).

Historically in Florida   2011 2012 2013 2014 2015 2016 Number of School Bus Drivers in FL:. 14,810 14,559 14,374 14,463 14,677 14,368 Number of Reporting Bus Drivers:. 12,714 (86%) 11,398 (78%) 11,620 (81%) 11,024 (76%) 9,807 (67%) 7,967 (55%) Number of Reporting Districts:. 60 52 55 57 53 33 In one day, Number of Violations Reported:. 19,869 21,876 11,465 9,377 10,987 9,599 Multiplied by 180 school days:. 3,576,420 3,937,680 2,063,700 1,687,860 1,977,660 1,727,820 Survey Year:.

Enforcement Currently 316.172, Florida Statutes states, 1)(a) Any person using, operating, or driving a vehicle on or over the roads or highways of this state shall, upon approaching any school bus which displays a stop signal, bring such vehicle to a full stop while the bus is stopped, and the vehicle shall not pass the school bus until the signal has been withdrawn. A person who violates this section commits a moving violation, punishable as provided in chapter 318. 1)(b) Any person using, operating, or driving a vehicle that passes a school bus on the side that children enter and exit when the school bus displays a stop signal commits a moving violation, punishable as provided in chapter 318, and is subject to a mandatory hearing under the provisions of s. 318.19. (2) The driver of a vehicle upon a divided highway with an unpaved space of at least 5 feet, a raised median, or a physical barrier is not required to stop when traveling in the opposite direction of a school bus which is stopped in accordance with the provisions of this section. (3) Every school bus shall stop as far to the right of the street as possible and shall display warning lights and stop signals as required by rules of the State Board of Education before discharging or loading passengers. When possible, a school bus shall not stop where the visibility is obscured for a distance of 200 feet either way from the bus.

Enforcement Then, 318.19, Florida Statutes states, Infractions requiring a mandatory hearing.—Any person cited for the infractions listed in this section shall not have the provisions of s. 318.14(2), (4), and (9) available to him or her but must appear before the designated official at the time and location of the scheduled hearing: (1) Any infraction which results in a crash that causes the death of another; (2) Any infraction which results in a crash that causes “serious bodily injury” of another as defined in s. 316.1933(1); (3) Any infraction of s. 316.172(1)(b); (4) Any infraction of s. 316.520(1) or (2); or (5) Any infraction of s. 316.183(2), s. 316.187, or s. 316.189 of exceeding the speed limit by 30 m.p.h. or more.

The current penalties Currently 318.18(5), Florida Statutes states, (a) One hundred dollars for a violation of s. 316.172(1)(a), failure to stop for a school bus. If, at a hearing, the alleged offender is found to have committed this offense, the court shall impose a minimum civil penalty of $100. In addition to this penalty, for a second or subsequent offense within a period of 5 years, the department shall suspend the driver license of the person for not less than 90 days and not more than 6 months. (b) Two hundred dollars for a violation of s. 316.172(1)(b), passing a school bus on the side that children enter and exit when the school bus displays a stop signal. If, at a hearing, the alleged offender is found to have committed this offense, the court shall impose a minimum civil penalty of $200. In addition to this penalty, for a second or subsequent offense within a period of 5 years, the department shall suspend the driver license of the person for not less than 180 days and not more than 1 year. (c) In addition to the penalty under paragraph (a) or paragraph (b), $65 for a violation of s. 316.172(1)(a) or (b). If the alleged offender is found to have committed the offense, the court shall impose the civil penalty under paragraph (a) or paragraph (b) plus an additional $65. The additional $65 collected under this paragraph shall be remitted to the Department of Revenue for deposit into the Emergency Medical Services Trust Fund of the Department of Health to be used as provided in s. 395.4036.

The reality of enforcement Law enforcement must witness the violation in order to write a traffic citation. Conflict ! ! !

The reality of enforcement Most of the law enforcement officers never get a chance to witness the violation because they are directing traffic at a school.

The best (I think) solution available Support legislation that would allow for school bus stop arm cameras to capture a violation. The (potential) violation would be reviewed by a third-party vendor. Upon review, if a violation was deemed to have occurred, a civil citation of $300 would be sent to the registered owner of the vehicle.

Nationally Source: Dr. Bryan Katz, toXcel

What do we need to do? Get the attention of one or more lawmakers, both Democrat and Republican. This should not need to be a “political agenda.” Needs to be in the best interest of the students we transport.

“Scientific” data needed All school bus drivers should participate Each district should select a Wednesday in the month of April of 2017 April 5 April 12 April 19 April 26 Complete the Illegal Passing Survey and report appropriately

“Scientific” data needed

“Scientific” data needed Would like to follow-up with FHP and DHSMV to correlate the number of traffic citations, related to 316.172, F. S., were issued as compared to the number of stop arm violations on the same days. Theory: The very ones who, according to statute, are authorized to issue citations to citizens who violate the school bus stop arm are dedicated to providing traffic control services to schools at their entrances. So… We need to provide conclusive data to lawmakers and convince them that stop arm cameras can aid in ultimately reducing the number of violations that occur.

At least, for now…