School Bus Safety Program Violates State Law, Says Long Island Man in New Class Action Lawsuit

A Long Island man is challenging a school bus camera safety program in a new class action lawsuit. He argues the program is a revenue stream for the city cloaked as a safety measure for kids getting on and off their school bus safely.

This past summer, Sergey Kadinsky drove past a school bus while its stop sign arm was up. He would later receive a $250 ticket from the Town of Hempstead, which he paid. Now, he is suing the city on behalf of himself and other ticketed individuals, demanding a refund for his ticket.

Kadinsky’s lawsuit maintains that the township is violating Article 1, Section 6 of the New York State Constitution and the New York Vehicle and Traffic Law section 1174(a). Under this traffic law, also known as the “Stop-arm violation,” drivers “must stop before reaching the school bus if the bus is stopped in order for passengers to get on or off the bus.”

Kadinsky argues that the stop arm’s camera system makes it difficult to see if students are actually loading or unloading the bus. As such, there are times when a driver will receive a ticket for passing a school bus when it is stopped with the arm out but students are not loading or unloading the bus.

At certain times, like at a train track, crosswalk, or stop sign, a school bus may come to a complete stop, extend its stop arm, and begin recording simply because it has come to a stop, and not because students are coming on or off.

"The goal is to see that the law was applied as intended that when a school bus stops, it’s discharging or picking up students, it’s not just stopped with a paddle out to collect tickets from unsuspecting drivers," Kadinsky shares with local reporters. He adds, "We want to see evidence of children going on and off the bus. A camera alone isn’t enough."

Kadinsky, a West Hempstead history teacher himself, is not against the school bus camera safety program, but he argues the current system does not achieve the intended goal it was designed for. "It feels like it's more about revenue than safety, because the intended beneficiaries of safety, the children, are not always there when the bus stops," He explains.

Another ticketed driver fighting the town’s bus stop safety system is Nancy Viti. The footage that resulted in Viti’s ticket does not show students loading or unloading the bus. “I didn't see anybody getting off. I didn't see no lights, I didn't see the stop sign,” she says.

Since launching the bus camera safety program in nearby Suffolk County in 2021, over $20 million was generated within its first year. While there is no countywide effort in Nassau County, where the Town of Hempstead is located, townships can choose to opt in or out of the program. In its first year of adopting the program, the Town of Hempstead has handed out over 132,000 citations, generating millions of dollars in revenue.

BusPatrol, the company that oversees and administers the bus stop camera safety program, has shared that the lawsuit "lacks merit." The company defended its operations in a statement explaining,

"It is unfortunate that an individual who admitted to illegally passing a stopped school bus is taking this approach to skirt accountability. Since New York State enacted this program in 2019, no court or government authority has challenged the validity or necessity of the school bus camera safety program. Sadly, in the past month, two children have been hit by reckless drivers around their school buses and countless other close calls have happened throughout the state of New York, which is why BusPatrol remains committed to delivering technology that empowers local law enforcement across the country to enforce state safety laws that protect children."