Are School Bus Camera Tickets Legal? Challenging the Evidence in Court
July 21, 2025
In recent years, New York State has implemented school bus camera programs to enhance student safety by penalizing drivers who illegally pass stopped school buses. While these programs aim to protect children, they have raised significant legal questions regarding the sufficiency and fairness of the evidence used to issue tickets.
I’m Michael Kuzma, a Buffalo, New York, attorney with more than two decades of extensive experience in traffic law. If you've received a ticket from a school bus camera and believe it was issued in error, it's crucial to understand your rights and the legal avenues available to challenge such citations.
A Breakdown of the School Bus Camera Program in New York
New York State law permits the installation and use of photo monitoring devices on school buses to detect and record vehicles illegally passing or overtaking a school bus. Under Vehicle and Traffic Law §1174-a, vehicle owners can be held liable for civil fines if their vehicle is detected by a school bus safety camera violating the law.
However, this liability is contingent upon the adequacy of the evidence presented.
In March 2024, the New York Appellate Division ruled against the use of camera recordings as sufficient evidence for tickets issued to drivers who pass a stopped school bus. The court emphasized that the footage didn’t prove essential elements such as the bus's lawful operation or the proper functioning of its stop-arm mechanism, leading to the dismissal of several cases.
Some drivers have reported receiving tickets despite mitigating circumstances, such as obstructed views or passing a bus that wasn’t actively discharging passengers. These instances highlight potential flaws in the automated systems and underscore the importance of scrutinizing the evidence presented in each case.
Legal Challenges to School Bus Camera Tickets
Recent court decisions have cast doubt on the reliability of evidence obtained through school bus cameras. In March 2024, the New York Appellate Division ruled against the use of camera recordings as sufficient evidence for tickets issued automatically to drivers who pass a stopped bus.
The court emphasized that the footage didn’t prove essential elements such as the bus's lawful operation or the proper functioning of its stop-arm mechanism, leading to the dismissal of several cases.
In response to these legal challenges, the New York State Legislature amended the school bus camera law in 2024. The amendment introduced a rebuttable presumption that a stopped school bus is engaged in picking up or discharging passengers, and that the bus is properly marked and equipped.
This means that, unless proven otherwise, courts will assume these conditions are met. Additionally, a certificate from a technician stating that the camera was on a properly marked bus with functioning red light signals is now considered prima facie evidence, accepted as correct until proven otherwise.
Despite these legislative changes, the legal environment remains challenging. Drivers continue to challenge tickets based on various factors, including obstructed views, unclear footage, and the absence of witnesses to verify the circumstances. These challenges highlight the ongoing debate over the fairness and effectiveness of automated enforcement systems.
Are These Tickets Considered Civil or Criminal Offenses?
One important detail many drivers overlook is the legal classification of school bus camera tickets. In New York, these citations are treated as civil violations, not criminal offenses. This distinction is crucial because it determines your rights, the burden of proof required, and the potential consequences of failing to address the ticket.
As civil violations, school bus camera tickets typically result in a monetary fine, often around $250 for a first offense, but they don’t carry points on your driving record, nor do they lead to jail time.
However, that doesn’t mean you should ignore them. Failing to respond or pay the fine can result in additional penalties, including late fees or potential holds on your vehicle registration.
Steps to Take If You Receive a School Bus Camera Ticket
If you find yourself facing a ticket from a school bus camera, consider the following steps:
Review the evidence: Examine the footage provided to make sure it clearly shows your vehicle violating the law.
Consult with an attorney: Seek legal advice to understand the strength of the evidence and your options for contesting the ticket.
Request a hearing: If applicable, request a hearing to present your case and any mitigating factors.
Gather supporting documentation: Collect any evidence that may support your defense, such as dashcam footage or witness statements.
Challenge the evidence: Question the reliability and completeness of the footage, especially if it lacks crucial details like the bus's stop-arm activation.
Taking these steps promptly can improve your chances of a successful challenge and may even lead to the dismissal of the ticket. Don't assume you have no recourse—school bus camera citations can be fought, especially when the evidence is weak or the legal process was flawed.
Traffic Law in School Bus Camera Ticket Disputes
Traffic law serves as the foundation for the enforcement of school bus camera tickets. Understanding the specific provisions of the law, such as the requirements for bus stop-arm activation and the responsibilities of vehicle owners, is essential when challenging a ticket.
These laws often contain nuanced language that dictates when a driver is considered in violation, how liability is assigned, and what evidence is deemed sufficient. For example, the law may require proof that a bus was actively loading or unloading passengers and that the stop-arm and flashing red lights were clearly deployed and visible.
In many cases, automated systems fail to capture all the required elements needed to prove a violation under the law.
This is where an experienced attorney becomes invaluable. An attorney can interpret these laws and apply them to your case, potentially leading to the dismissal of unjustified tickets. They can also identify procedural errors or weaknesses in the prosecution’s evidence, increasing your chances of a favorable outcome.
How an Attorney Can Assist in Challenging School Bus Camera Tickets
Understanding the intricacies of traffic law and contesting a school bus camera ticket can be challenging. An attorney who is highly experienced in traffic law can provide invaluable assistance by:
Analyzing the evidence: Reviewing the footage and related documents to identify any inconsistencies or legal deficiencies.
Representing you in court: Advocating on your behalf during hearings and negotiations.
Advising on legal strategies: Providing guidance on the most appropriate course of action based on your specific circumstances.
Confirming compliance with legal standards: Making sure that all procedures and evidence handling comply with traffic law requirements.
By leveraging their experience, an attorney can enhance your chances of successfully challenging a school bus camera ticket. They can also help make sure that your rights are fully protected throughout the process and that any legal errors made by the issuing agency are properly addressed.
Contact an Experienced Traffic Attorney Today
If you've received a ticket from a school bus camera and believe it was in error, it's crucial to understand your rights and the legal avenues available to contest it. Consulting with me, Michael Kuzma, an experienced traffic law attorney, can provide you with the guidance needed to work through this process and potentially have the ticket dismissed. I serve clients in ticketed in New York State, so contact me today for a consultation.