Commissioners will vote on bus camera fines
by Lindsay Field
lfield@mdjonline.com
Feb 08, 2012 | 3239 views | 22 22 comments | 14 14 recommendations | email to a friend | print
Mike Warner, associate director of fleet maintenance with Cobb County School District, says that he hopes the installation of the 102 new school bus stop cameras will help encourage drivers to obey the law and stop when a bus is stopped. <br> File photo
Mike Warner, associate director of fleet maintenance with Cobb County School District, says that he hopes the installation of the 102 new school bus stop cameras will help encourage drivers to obey the law and stop when a bus is stopped.
File photo
slideshow
MARIETTA — More than 100 Cobb school buses have cameras on their stop arms to catch drivers who don’t stop while children are getting on and off. To date, bus drivers have submitted 300 violations to police.

But no tickets have been issued.

County leaders are looking to change that this month. The Board of Commissioners will vote on an ordinance Feb. 28 that would allow the Solicitor General’s Office to issue tickets based on bus stop arm camera evidence.

“We cannot write a ticket (for these violations) because there is no method in place that allows a peace officer to issue a citation,” Cobb Police Sgt. Dana Pierce said. “Whether we write a ticket or not though, we still address the issue with the (violator).”

After the Georgia Stop Arm Law passed, the Cobb school district installed $20,400 worth of stop arm cameras on 102 buses in the Cobb County School District last fall. The cameras take photos and video of vehicles going past a school bus with its stop arm extended.

However, because an ordinance is not in place, the county Solicitor General’s Office cannot fine violators caught by the stop arm cameras because it is a civil, as opposed to criminal, case.

“The state law didn’t grant us the ability to prosecute civil cases when they wrote the law,” Solicitor General Barry Morgan said.

Morgan, along with representatives from county government, the school district and police department, has been working since last fall to get an ordinance in place to enforce the stop arm law.

Morgan said the school district approached him over the summer when they saw the “quirk” in the law, which was implemented in 2011.

Commission Chairman Tim Lee said he learned that the county didn’t have the ability to hear the cases after that initial meeting with each county agency.

“It’s the law that was passed that put some burden on the county to address, and we’re addressing our responsbilities,” Lee said. “It was agreed to by all involved that (the ordinance) was the right course to take.”

Once the ordinance is approved, Lee said the school board would then be required to approve a Memorandum of Understanding that would figure out the costs associated with the violations and how to distribute the funds from ticket collections.

“The ordinance will hopefully be passed in two weeks,” he said. “The MOU is under review by the school board attorney, and when they finally come back, which will hopefully be soon, with their change and recommendations … then it’ll be brought before the (commission) to be adopted formally.”

Lee said the process could be complete within 60 days of the MOU being finalized and when that happens, Lee said Cobb County would be the first in Georgia to address the issue surrounding the Stop Arm Law.

“We’re working as diligently as we can, but being cautious,” Lee said. “When you venture into a whole new area where there is no precedence or other jurisdictions doing it as a starting point, we want to be timely but careful.”

Lee said that he hopes after the ordinance is finalized, all 159 counties in Georgia will ask for copies of it to use as a starting point.

Of the 300 violations turned into Cobb Police, the Cobb School’s Transportation Director Rick Grisham said 175 were recorded on the stop arm cameras, 76 were reported verbally by bus drivers without cameras and 65 were violations where a tag number could not be verified.

For the time being, the police department mails notifications to violators and warn them of their wrongdoing. The only way someone can be prosecuted for passing a bus with a stop arm down in the meantime is when an officer personally sees someone violating the law.

“This is a misdemeanor charge, and a misdemeanor must take place in the officer’s presence,” Pierce said.

The state law was introduced to state legislators by Cobb parent Sheri Lewis, who attended the initial meeting with Lee and county delegates and said the process to get the violators prosecuted has taken longer than she expected, but that the county is focused on getting it done right.

“We are trying to be patient,” she said. “The whole idea behind the cameras is to change the driving behavior in Cobb County. It’s not about the revenue, it’s about protecting the children.”

As far as the Stop Arm Law, Lewis said a driver must always stop when the stop arm is down, unless they are driving in the opposite direction of the bus and there is a median, grass or trees separating them.

Once the prosecution of the violation is in place, Grisham said he will look at installing additional cameras next school year but has not confirmed whether or not the money will be in his budget.

“I would propose our existing 400 new DVR systems on buses to be able to accommodate the exterior stop arm camera, which would be a minimal cost as compared to a new system,” he said.

If approved by the school board, upgrading 400 units would cost about $300,000.

In the meantime, Marietta City School is looking into installing stop arm cameras on their buses as well, according to spokesman Thomas Algarin.

“We are in discussions with a private company regarding installing stop arm cameras as part of a pilot program,” he said. “The transportation department is looking at that, and if we can work out an agreement regarding the pilot project we will install stop arm cameras on a few school buses.”
Comments
(22)
Comments-icon Post a Comment
town center tie up
|
February 09, 2012
Every morning the bus drivers on George Busbee stop three times on George Busbee to pick up students in Greenhouse Patio Apartments.....couldn't they just pull into that massive apartment complex to pick up the students instead of having traffic back up....wouldn't it be safer for the students then standing out on Busbee?
ksused
|
February 09, 2012
What gets to me is the drivers who stop on a divided road for a bus on the other side.....this happens on Piedmont Rd, Sandy Plains and Roswell Rd.. You don't stop on a road with a median for a bus on the other side people......

The Skinny
|
February 09, 2012
I'm sure the tickets will be issued as a Civil Violation and NOT a Moving Violation, which is the same way Red Light Camera tickets are issued. They are Civil Violations because a police officer isn't on scene to issue the ticket to the driver. As for proving who was driving the vehicle, the ticket is sent to the registered owner of the vehicle. If the owner believes he/she wasn't behind the wheel during the violation, then they must fill out a sworn affidavit with the details. Again, this is how Red Light Camera tickets are handled. In the State of Georgia, Civil Violations will not add points to your license.
Just Wait
|
February 09, 2012
Passing a stopped school bus with it's lights flashing is a crime with a large fine and point assessment ALREADY. It is a violation of state law and the cameras on the buses, like red light cameras, is an aid to enforcement. Under no circumstance should the school district receive any money from any fines generated. The money they spent for the cameras should be for the kids safety, not revenue generation.
Pissed in Mableton
|
February 09, 2012
The real argument in between the lines here is who get the ticket money (the school system or board of commissioners). Gotta love the school system spending money without completely researching the law. I guess the thought of all the ticket money got them excited.
anonymous
|
February 08, 2012
Maybe they are busy figuring out how to exempt APD officers from the tickets. Remember that female APD officer who passed a loading school bus in her personal vehicle @ 55 in a 35 here and was stopped by MPD and wasn't even issued a ticket?

I'm all for fining violators but if Cobb mommies can't get their kids out to the bus stop in time it isn't fair to shut down Roswell Rd. traffic to wait for them to show up... and the people in the passing lane need to actually pass the bus, not drive like brainless remora attached to the rear side of the bus.
cobb resident
|
February 08, 2012
I'm all for giving tickets for running stop signs - BUT, what about Cobb bus drivers who pull out in front of vehicles, or change lanes without looking and clearly cut off another driver. Just because they are bigger doesn't mean they're in charge of the road. I've had SEVERAL incidents when a driver pulls out in front of me doing 55 (speed limit) on a 4 lane and they stay in my lane. Of course I have slammed on my brakes - but they need a "How's my driving" sticker on the back so we can get those drivers off the road and not driving the children!!
Tech Man
|
February 08, 2012
The bus is going 55 and you have to slam on your brakes????

SLOW DOWN, STOP WITH THE AGGRESSIVE DRIVING!

"they stay in my lane"

I didn't know it was YOUR LANE. Maybe they are preparing for a left turn, you ever think of that?
cobb resident
|
February 09, 2012
to tech man:

I was in the right lane during that instance - and I'm driving defensively if I have to go around a school bus who pulled out in front of me when they had a clear shot of me coming. I wasn't saying "my lane" as in I own it, but that they didn't have the courtesy of getting over after the other cars WHO WERE DRIVING FASTER THAN I passed. And 55 is the posted speed limit on the road I was referring to, but it's clear that nobody drives 55 on it.

Thanks.
LawPatrol
|
February 08, 2012
The state law was introduced to state legislators by Cobb parent Sheri Lewis, who attended the initial meeting with Lee and county delegates and said the process to get the violators prosecuted has taken longer than she expected, but that the county is focused on getting it done right.

“We are trying to be patient,” she said. “The whole idea behind the cameras is to change the driving behavior in Cobb County. It’s not about the revenue, it’s about protecting the children.”

What “protected” the children for all the years before Big Brother Eyes were installed on the stop arms of school buses?

It is all about REVENUE, since a camera image does NOT protect anyone.

DUR PROCESS OF LAW………RULE OF LAW !!!!

Bob Bummer
|
February 08, 2012
How are they going to prove the owner of the vehicle was behind the wheel at the time of the crime? What if it is a company owned vehicle? Will they be photographing the driver? A vehicle cannot be prosecuted and people will lie or forget who was behind the wheel at the time. I don't like this one bit. The government needs to stop being lazy and pull the drivers over and give them the ticket personally. I think the money would be better spent on putting seat belts on the school buses.
BusSense
|
February 08, 2012
The CCSD should receive only a portion of the monies from a ticket which is issued for violating the Stop Arm Law, because the Cobb County gov't needs to cover their expense of issuing & processing the ticket AND the CCSD needs to recoup their money for the bus cameras.

That said, the CCSD should spend part of any monies sent their way from this fine on A/C for NEW long buses. Some handicap buses are equipped with A/C since some special needs students have written prescriptions from their physicians which require the CCSD to transport them in a bus with A/C. A/C would be a good addition to all buses.
Tailgaters
|
February 08, 2012
EVERY DAY...EVERY school bus is tailgated as they do their rounds. Why is there not a bigger priority put on enforcement by Cobb Police. Why does the school board (joke that it is) not make safety for bus riders a bigger issue. At the very least signage saying to stay back X number of feet could be put on the buses. They enforce it.
Just Wait
|
February 09, 2012
Please remember that because Cobb tax payers don't want to overspend, there are not enough police to respond to serious crimes and incidents, much less follow school buses around all day. Also, there is no law on the books about enforcing a set distance behind any vehicle.
hotinatlanta
|
February 08, 2012
What's the problem? Just start sending fines. I can't believe there hasn't been some sort of law in place for this. Anyone who passes a stopped school bus should get a heavy fine and if they do it again, suspend their license. No job or appointment is worth risking hitting/killing a child! What's wrong with drivers - I think their getting licenses out of cereal boxes!
Last GA Democrat
|
February 08, 2012
hotinatlanta,

I agree, this issue should be treated with A LOT more severity than it is being treated with in this state. Heck, in states like Oklahoma and Florida just speeding one or more miles in a school zone draws fines that START at $500.
SouthernGal
|
February 08, 2012
Fine should be $150 for first offenes...$250 for second....license suspension for 1 year for 3rd.
Last GA Democrat
|
February 08, 2012
More like in the $500-$1000 range and probation for the first offense, license suspension for AT LEAST one year for the second offense and possible felony conviction and multi-year suspension for the third offense.

No matter how "inconvenient" it may be to wait for children to board the school bus, stop arm violations are something that just should not and CANNOT be tolerated seeing as though how deadly the results can be when drivers go around stopped school buses with extended stop arms.

It is UNFATHOMABLE that school bus drivers should have to report 300!!!! stop arm violations in just over half of a school year in one school district when there are many entire states where that many stop arm violations don't occur over several years.

300 school bus stop arm violations in ONE COUNTY in about a six month period is NOT just a mere nuisance, it IS a CRITICALLY SEVERE PUBLIC SAFETY and HEALTH HAZARD as we are not even talking about adults getting on and off a public city bus, we are talking about almost totally defenseless and completely vunerable schoolchildren here who likely may not be able to judge how to cross a street correctly, especially if they are have the signal to cross in the form of an extended stop arm on a school bus.

I loathe revenue-taking by local governments just as much as the next motorist, but this is a severe threat to the safety of some of the most defenseless members of our society that CANNOT be tolerated, which is why school bus stop arm violations should likely be treated with a similar type of severity that DUI violations are treated with.
COBBCSI
|
February 08, 2012
Code enforcement doesn’t want to call something a fine, how can the county now call this a fine. You are entitled to due process of the law. This should fall to the school board not county funds; the school board already steals enough of your money!! This is a civil matter and has to be tried that way the police unions should be in up arms over this. This is the beginning of out sourcing law enforcement weather you like the police or not they will do the best job!! It would be more effective to send this violation to that person’s insurance company but the school boards; wants someone else to do all the work and mind some gold in the process; plus some lobbyist got huge money to sell cameras that now are added to the cost of your house in higher property taxes!!
postopinionA
|
February 08, 2012
I completely agree that safety is SO important for the students riding buses. I strongly wish that more or all parents would obey the guidelines for having the student ready at the stop when the bus gets there. I stop and then see the student come out of the front door. I also wait while several meander their way to the stop from inside a subdivision. Can the county and drivers not enforce this? Can't we all work together?
red light
|
February 09, 2012
Agree - although I think it is wonderful that the drivers are so patient. It is horrible of the parents and children. I've seen a bus - on a major road waiting, holding up 20 cars in both directions while a kid meanders to the bus. In fact when the bus stopped there was no kid even visible. One particular instance was at a traffic signal and someone made a left and blew through the sign - but frankly I didn't blame him. It felt like a power trip for the kid and driver. How many can I inconvenience?.
ksused
|
February 09, 2012
Was it a major road with a median.....because I even called the police department to confirm that you do not stop on the opposite side of a road that is divided with any median......
*We welcome your comments on the stories and issues of the day and seek to provide a forum for the community to voice opinions. All comments are subject to moderator approval before being made visible on the website but are not edited. The use of profanity, obscene and vulgar language, hate speech, and racial slurs is strictly prohibited. Advertisements, promotions, and spam will also be rejected. Please read our terms of service for full guides