Definitions.

The following definitions and provisions shall apply to this chapter:

(1) AUTOMATED DEVICE. Any camera or recording device that uses a vehicle sensor and camera synchronized to record by photograph or video the rear of a motor vehicle approaching or overtaking a school bus that is stopped for the purpose of receiving or discharging school children in violation of Section 32-5A-154.

(2) BOARD. A board of education or the governing body of a school system.

(3) CONTRACTOR. A company that provides services to a board or governing body including, but not limited to, automated devices, citation processing, and collection of the civil fines. None of the activities of the contractor shall be construed as an agent providing or participating in private investigative services or acting as a statutory authority under open records laws.

(4) COURT. A district court, if a school bus violation occurs in an unincorporated area or a municipal court if a violation occurs in an incorporated municipality.

(5) GOVERNING BODY. A county commission, city council, or city commission.

(6) LAW ENFORCEMENT AGENCY. A law enforcement agency of a local governing body, a county sheriff, the Alabama State Law Enforcement Agency, or a school system that is authorized to issue a citation for a violation of the state vehicle law or of local traffic laws or regulations.

(7) OWNER. The meaning ascribed to owner in Section 32-1-1.1, except that the term shall not include a motor vehicle rental or leasing company when a motor vehicle registered by the company is being operated by another person under a rental or lease agreement with the company, in which event owner shall mean the person to whom the vehicle is rented or leased; nor shall the term include motor vehicles displaying a dealer license plate, in which event owner shall mean the person to whom the vehicle is assigned for use; nor shall the term include the owner of a vehicle that has been reported stolen to a law enforcement agency prior to the time of the violation, in which event owner shall mean the person who is found guilty of stealing the motor vehicle.

(8) SCHOOL BUS VIOLATION or VIOLATION. Any violation of Section 32-5A-154.

(9) TRAINED TECHNICIAN. A sworn law enforcement officer or person who has received instruction and training in the proper use of the automated photographic enforcement system to be used by the school board or contractor.

(Act 2016-166, §2.)