§ 82-2-8. Authorization of school board to install and operate a video monitoring system to enforce law against passing stopped school buses; enforcement; and penalty.

(a)

The Fairfax County School Board is authorized to install and operate a video-monitoring system in or on the school buses operated by the School Board, or it may contract with a private vendor to do so on its behalf for the purpose of recording violations of subsection A of Virginia Code § 46.2-844, incorporated by reference into the Fairfax County Code pursuant to Section 82-1-6.

(b)

"Video-monitoring system" has the same meaning as the definition set forth in Virginia Code § 46.2-844(B).

(c)

The driver of a vehicle that is found to have failed to comply with Virginia Code § 46.2-859, as evidenced by information obtained from a video-monitoring system, shall be liable for a monetary civil penalty of $250.00 imposed in accordance with this ordinance.

(d)

In any prosecution for which a summons charging a violation of this section was issued within ten days of the alleged violation, proof that the motor vehicle described in the summons was operated in violation of this section, together with proof that the defendant was at the time of such violation the registered owner of the vehicle, as required by Chapter 6 of Subtitle II of Title 46.2 of the Virginia Code, shall give rise to a rebuttable presumption that the registered owner of the vehicle was the person who operated the vehicle at the place where, and for the time during which, the violation occurred. Such presumption shall be rebutted if (i) the owner of the vehicle files an affidavit by regular mail with the clerk of the general district court that he was not the operator of the vehicle at the time of the alleged violation, (ii) the owner testifies in open court under oath that he was not the operator of the vehicle at the time of the alleged violation, or (iii) a certified copy of a police report showing that the vehicle had been reported to the police as stolen prior to the time of the alleged violation of this section is presented prior to the return date established on the summons issued pursuant to this section to the court adjudicating the alleged violation. Nothing herein shall limit the admission of otherwise admissible evidence.

(e)

Any person who receives a summons pursuant to this ordinance may waive his right to appear and be formally tried for the offense pursuant to Virginia Code § 16.1-69.40:1.B. The waiver shall be effective when the person pays the civil penalty of $250.00 and all applicable court costs and processing fees to the Clerk of the General District Court.

(f)

The Clerk of the General District Court shall at month end, in addition to remittance of all other local cost and fee monies, transmit to the Fairfax County Director of Finance all funds received from a civil penalty imposed pursuant to this Section. In accordance with a written agreement between Fairfax County and the Fairfax County School Board, the Fairfax County Director of Finance shall deduct certain costs incurred by Fairfax County associated with the administration of this ordinance and then remit the remaining balance of the funds to the Fairfax County School Board.

(02-17-82.)

(02-17-82.)