School bus stop laws are laws dictating what a motorist must do in the vicinity of a bus stop being used by a school bus or other bus, coach or minibus providing school transport.
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School bus stop laws in the United States and Canada
Jurisdictions in the United States (including overseas territories) and Canada have adopted various school bus stop laws that require drivers to stop and wait for a stopped school bus loading or unloading, so as to protect school children boarding or alighting.
Generally, if a stopped school bus is displaying a flashing, alternating red lamp, a driver of a vehicle meeting or overtaking the stopped bus from either direction (front or back) must stop and wait until the bus moves again or the red light is off. Police officers, school crossing guards, and even school bus drivers themselves may have the power to wave traffic on, even when a red light is flashing.
On divided highways, most American and Canadian jurisdictions do not require vehicular drivers to stop when on the opposite side of the road from a stopped school bus. Those that do require vehicles to stop are:
- West Virginia upon a non-controlled-access highway{§17C-12-7}
- Arkansas in case a divider has less than 20 feet (6 m) in width (narrow divider).
- New York State
- American Samoa
- Guam
- British Columbia
- Nova Scotia
- Prince Edward Island
- Northwest Territories
- Nunavut
American and Canadian jurisdictions have sought to deter illegal passing stopped school buses by increased enforcement and heavy penalties, including fines, application of demerit points against a driver's license or even license suspension. Nevertheless, violations are common. An officer must witness the violation, and even when citations issued, getting convictions is often difficult; sometimes traffic courts consider the evidence insufficient, or reduce the charge because the penalty for a first offense seems excessive. There are, however, exceptions. Missouri has Jessica's Law, which grants the right of a school bus driver to report the offense, in which case the driver is automatically cited. Cobb County, an urban county in Metro Atlanta, has added bus cameras, as a deterrent, which can detect and automatically report vehicles passing a bus.
Exceptions
Drivers in Washington state are not required to stop for a school bus on any highway (Under Washington law, any public road is defined as a highway) with three or more lanes when traveling in the opposite direction. This has been interpreted to mean that when approaching a bus from the opposite direction on a normal road with a turn lane, or a road with two lanes in each direction, etc., a driver is not required to stop their vehicle. This is an unusual law, but arguably leads to a higher safety level for children, as they are then required to be dropped on the same side of the road as the bus exit on anything greater than a two-lane road as provided by RCW 46.61.370. Ohio has a similar exception for roads with four or more lanes.
Drivers in Idaho state are not required to stop for a school bus on any highway with four or more lanes when traveling in the opposite direction.
Drivers in California do not have to stop on any highway that is divided or is multi-lane (2 or more lanes of travel in each direction) when traveling in the opposite direction.
In Pennsylvania, the only vehicle that may pass a stopped school bus with the red lights flashing is an emergency vehicle with its flashing lights and siren activated, but only after the emergency vehicle has come to a complete stop and proceeds with due caution for any students embarking or disembarking.
Controversy
The effectiveness of current school bus stop laws has been questioned. School bus stop laws in some other countries allow a driver to pass a stopped school bus at low speed.
In New York State, an official estimate is that 50,000 vehicles pass stopped school buses illegally every day. However, as New York State requires traffic to stop for a school bus stopped on the opposing roadway of a divided highway, the estimate may include "New York violations" that would be legal in other states. The New York State Department of Transportation once recommended that the State Legislature exempt traffic from stopping for a school bus stopped on the opposing roadway of a divided highway, but this has not been done.
In California, a vehicle driver approaching an intersection at which a school bus is stopped shall stop his/her vehicle at that intersection until the flashing red signal lights are no longer actuated. Supporters of this law may argue that children may dart out into an intersection, so traffic from the left and right must stop. Opponents may blame this law for being too vague (with regard to what exactly at an intersection means), non-standard and visitor-unfriendly (as compared with laws in most other places) and question how vehicular drivers can know and see if a school bus on a side road is loading or unloading, especially if buildings obstruct their vision.
Effects of laws
On a national basis, school bus drivers in the United States have reported a decrease in passing violators in recent years with improved warning devices. Despite an increase in traffic and school bus ridership, annual fatalities and injuries to children struck by other vehicles has decreased as well. However, it is unclear whether having reported a decrease in passing violators is due to difficulty to report or better compliance by motorists.
When and where enforcement against violators becomes too hard, some residential streets may prohibit entry of vehicles other than school buses at certain times to effectively eliminate passing stopped school buses illegally.
Bus drivers are prohibited to turn around at an intersection with students on the bus. This is in order to protect student from injury if the driver fails to obey laws. If laws are broken, the bus driver may be charged with including but not limited to: child endangerment and disobeying laws. This section may not include all laws or bylaws.
References
External links
- U.S, Bureau of Transportation Statistics
- STN 100 Years of the School Bus
- National Association of State Directors of Pupil Transportation Services
- National Committee on Uniform Traffic Laws and Ordinances
- School Bus Stop Laws in the United States, Canada and Other Countries
