41-6a-1303.  Passing a school bus complaint procedure.

(1) 

Terms Used In Utah Code 41-6a-1303

  • Bus: means a motor vehicle:
(i) designed for carrying more than 15 passengers and used for the transportation of persons; or
(ii) designed and used for the transportation of persons for compensation. See Utah Code 41-6a-102
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Law enforcement agency: means the same as that term is as defined in Section 53-1-102. See Utah Code 41-6a-102
  • Operator: means :
    (a) a human driver, as defined in Section 41-26-102. See Utah Code 41-6a-102
  • Peace officer: means a peace officer authorized under Title 53, Chapter 13, Peace Officer Classifications, to direct or regulate traffic or to make arrests for violations of traffic laws. See Utah Code 41-6a-102
  • School bus: means a motor vehicle that:
    (i) complies with the color and identification requirements of the most recent edition of "Minimum Standards for School Buses"; and
    (ii) is used to transport school children to or from school or school activities. See Utah Code 41-6a-102
  • Signature: includes a name, mark, or sign written with the intent to authenticate an instrument or writing. See Utah Code 68-3-12.5
  • State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
  • Traffic: means pedestrians, ridden or herded animals, vehicles, and other conveyances either singly or together while using any highway for the purpose of travel. See Utah Code 41-6a-102
  • 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 Section 41-6a-1120, or a device used exclusively on stationary rails or tracks. See Utah Code 41-6a-102
  • (a)  An operator of a school bus who observes a violation of Subsection 41-6a-1302(2) or (3) may prepare a report, in a manner specified by the school district, to the school district transportation coordinator no more than two working days after the alleged violation occurred.

    (b) 

    (i)  The report under Subsection (1)(a) shall contain:

    (A)  the date, time, and location of the violation;

    (B)  the license plate number and state and description of the offending vehicle;

    (C)  as much as practical, a description of the operator of the offending vehicle;

    (D)  a description of the incident involving the violation;

    (E)  information on how to contact the school bus operator who witnessed the offense; and

    (F)  the signature of the operator of the school bus who witnessed the offense attesting to the accuracy of the report.

    (ii)  The report under Subsection (1)(a) may contain photographs or video images produced by an automated traffic enforcement safety device described in Section 41-6a-1310.
  • (2) 

    (a)  Upon receipt of a report in accordance with Subsection (1), the school district transportation coordinator shall promptly send a notification letter to the last-known registered owner of the vehicle.

    (b)  The notification letter shall include:

    (i)  the applicable information on the school bus operator’s report stating that the vehicle was observed passing a school bus displaying alternating flashing red lights in violation of state law;

    (ii)  a complete explanation of the applicable provisions of Section 41-6a-1302; and

    (iii)  an explanation that the notification letter is not a peace officer citation but is an effort to call attention to the seriousness of the incident.

    (c)  The school district transportation coordinator may file the report with the local law enforcement agency that has jurisdiction for the alleged violation.

    (3)  A law enforcement agency that receives a report in accordance with Subsection (2) may have a peace officer initiate an investigation of the reported violation.

    Amended by Chapter 186, 2017 General Session