By ELIOT DUKE
Of the Record staff
The Harnett County Board of Commissioners moved forward with bringing a new program to North Carolina.
Commissioners on Monday adopted its first ordinance for the soon-to-be-introduced school bus stop-arm enforcement initiative. North Carolina statute 153A-246 allowed a county to enforce bus stop-arm violations under a civil penalty, but commissioners had to pass an ordinance before any action could be taken locally.
Under the new ordinance, a first offense for passing a stopped school bus results in a $400 fine. A second offense leads to a $750 fine and all subsequent infractions are $1,000 fines. Buses will be equipped with cameras to catch drivers who pass when stop-arms are deployed.
“This ordinance lays out everything that is required per that statute,” Senior County Attorney Chris Appel said. “It goes over what’s in the notice of violations and the penalties. If an individual wanted to appeal it would go through an independent appeals board, which we set up and adopt by-laws at a future meeting.”
Appel appeared before commissioners in February requesting the board direct him to craft the ordinance, which opens the door for the arrival of BusPatrol, a Virginia-based company that already implemented its product in other states but has yet to do so in North Carolina. The company approached the Harnett County Schools Board of Education in 2019 and offered its services as a way to both improve safety and bring in revenue. BusPatrol equips school buses with video technology that captures and time stamps images of vehicles passing when the stop-arm is deployed. The hardware helps identify offenders and presents the findings to local law enforcement. BusPatrol offered HCS a 60/40 split on any funds generated through its prosecutions.
“This is the first step,” said Appel. “This just allows us to enforce it, but there will be enforcement until cameras and everything are installed on the buses and we give the go ahead to move forward with that. This is the first step that will allow us to proceed with civil citations.”
Much of the conversation regarding the new initiative focused around the appeals board and who would serve on it. Appel said an accused offender can appeal the citation, which first is reviewed by a local law enforcement officer before being sent out. The program is expected to require at least one full-time employee, and HCS already offered to supplement the county for hiring any additional personnel.
Appel recommended a three-person appeals board made up of one representative from the county, one from HCS and one public civilian, who will serve three-year terms. Commissioner Barbara McKoy said it’s important county employees, who may serve on the board, are made fully aware of what they’re getting into and how much time is required.
“What happens if they don’t want to do it after they get in?” McKoy asked. “Will it affect their job? This is new to the county and our employees. We need to figure out before we make this mandatory for them if they’re not satisfied, how do we make the change? County employees are assets to this county and I don’t want to put them in a position that has nothing to do with their job classification, and stick them there and say this is required of you. This is not their primary job.”
Appel said the selection process will focus on identifying people best suited to serve on the board in an effort to limit turnover.
Commissioner Lew Weatherspoon cautioned against putting someone on the board with a poor driving history or checkered past.
Appel said the county can tailor the application however it wants to enhance the vetting process.
With such a new program, Appel said it’s difficult to predict how the appeals process will look once citations start getting issued.
BusPatrol founder Jean Souliere estimated the county could receive between $50,000 and $80,000 a month per 100 buses should it implement the program, as 90% of people cited pay the ticket after seeing video footage.
In the 60/40 split arrangement, the $50,000 a month net for Harnett County, would equate to a total of at least $83,334 in ticket fines generated a month or at least 209 first-time offenders passing stopped school buses a month.
A 2018 HCS study reported more than two dozen stop-arm violations in a single day among the school system’s 263 buses. A person simultaneously charged with a criminal offense for passing a stopped school bus would have the citation dismissed and any funds already paid reimbursed with interest.
Appel said he expects the program will be implemented by the start of the 2021-22 school year.
Eliot Duke can be reached at eduke@mydailyrecord.com or at 910-230-2038.
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