The tragedies that have occurred at bus stops this week should be a reminder that school bus drivers must always be on the highest alert. Unfortunately, motorists pass stopped school buses with the red lights activated and stop arm deployed daily in our district, in our state and across the entire nation. MSAD 6 school bus drivers teach students a safe crossing procedure and students are expected to comply with this procedure for their safety.
Safe Crossing Procedure
In the morning, students should be waiting off the roadway until the bus comes to a complete stop, the red lights are activated, the stop sign is deployed and the driver signals for the student(s) to cross.
In the afternoon, students are expected to stop two times in front of the bus
before crossing the road. They must stop
12 feet in front of the bus at the right front corner and again at
the left front corner, in front of the driver.
They must wait for the signal from the driver before crossing. Students are taught to look left-right-left
again before proceeding across the road.
ne Revised Statutes
Title 29-A: MOTOR VEHICLES AND TRAFFIC
Chapter 19: OPERATION
Subchapter 4: SCHOOL BUSES
§2308. Overtaking and
passing school buses
1. Receiving or
discharging passengers. A school bus operator shall activate flashing
lights at least 100 feet before a stop is made to receive or discharge
passengers. These lights must be continually displayed until after the bus has
received or discharged passengers.
[ 1993, c.
683, Pt. A, §2 (NEW); 1993, c. 683, Pt. B, §5 (AFF) .]
2. Stopping.
The operator of a vehicle on a way, in a parking area or on school property, on
meeting or overtaking a school bus from either direction when the bus has
stopped with its red lights flashing to receive or discharge passengers, shall
stop the vehicle before reaching the school bus. The operator may not proceed
until the school bus resumes motion or until signaled by the school bus
operator to proceed.
[ 1999, c.
183, §13 (AMD) .]
3. Separated
roadways. The operator of a vehicle on a way separated by curbing or
other physical barrier need not stop on meeting or passing a school bus:
A. Traveling in a
lane separated by the barrier from the lane in which that operator is
traveling; or [1993, c.
683, Pt. A, §2 (NEW); 1993, c. 683, Pt. B, §5 (AFF).]
B. On a limited
access highway where pedestrians are not permitted to cross the roadway with
the school bus stopped in a loading zone. [1993, c.
683, Pt. A, §2 (NEW); 1993,c. 683, Pt. B, §5 (AFF).]
[ 1993, c.
683, Pt. A, §2 (NEW); 1993, c. 683, Pt. B, §5 (AFF) .]
4. Use of flashing
red lights restricted. Except during a driving license examination a
school bus operator may not use the system of flashing lights on a school bus
for a purpose other than controlling traffic while stopping to receive or
discharge school-age persons.
[ 1997, c.
776, §42 (AMD) .]
5. Registered
owner's liability for vehicle illegally passing a school bus. A
person who is a registered owner of a vehicle at the time that vehicle is
involved in a violation of subsection 2 commits a traffic infraction. For
purposes of this subsection, "registered owner" includes a person
issued a dealer or transporter registration plate.
A. The operator of
a school bus who observes a violation of subsection 2 may report the violation
to a law enforcement officer. If a report is made, the operator shall report
the time and the location of the violation and the registration plate number
and a description of the vehicle involved. The officer shall initiate an
investigation of the reported violation and, if possible, contact the
registered owner of the motor vehicle involved and request that the registered
owner supply information identifying the operator. [1993, c. 683, Pt. A, §2(NEW); 1993, c.
683, Pt. B, §5 (AFF).]
B. The
investigating officer may cause the registered owner of the vehicle to be
served with a summons for a violation of this subsection. [1993, c. 683, Pt. A, §2 (NEW); 1993,c.
683, Pt. B, §5 (AFF).]
C. Except as
provided in paragraph D, it is not a defense to a violation of this subsection
that a registered owner was not operating the vehicle at the time of the
violation. [1993, c.
683, Pt. A, §2 (NEW); 1993, c. 683, Pt. B, §5 (AFF).]
D. The following
are defenses to a violation of this subsection.
(1) If a person other
than the owner is convicted of operating the vehicle at the time of the
violation in violation of subsection 2, then the registered owner may not be
found in violation of this subsection.
(2) If the registered
owner is a lessor of vehicles and at the time of the violation the vehicle was
in the possession of a lessee, and the lessor provides the investigating
officer with a copy of the lease agreement containing the information required
by section 254, then the lessee and not the lessor may be charged under this
subsection.
(3) If the vehicle is
operated using a dealer or transporter registration plate and at the time of
the violation the vehicle was operated by any person other than the dealer or
transporter, and if the dealer or transporter provides the investigating
officer with the name and address of the person who had control over the
vehicle at the time of the violation, then that person and not the dealer or
transporter may be charged under this subsection.
(4) If a report that the
vehicle was stolen is given to a law enforcement officer or agency before the
violation occurs or within a reasonable time after the violation occurs, then
the registered owner may not be charged under this subsection. [1995, c. 65, Pt. A, §110 (AMD); 1995, c.
65, Pt. A, §153 (AFF); 1995, c. 65, Pt. C, §15(AFF).]
E. Notwithstanding
subsection 6, a person who violates this subsection commits a traffic
infraction. [1993, c.
683, Pt. A, §2 (NEW); 1993, c. 683, Pt. B, §5 (AFF).]
[ 1995, c.
65, Pt. A, §110 (AMD); 1995, c. 65, Pt. A, §153 (AFF); 1995, c.
65, Pt. C, §15 (AFF) .]
6. Penalty.
A violation of this section is a Class E crime which, notwithstanding Title
17-A, section 1301, is punishable by a $250 minimum fine for the first offense
and a mandatory 30-day suspension of a driver's license for a 2nd offense
occurring within 3 years of the first offense.
[ 1993, c.
683, Pt. A, §2 (NEW); 1993, c. 683, Pt. B, §5 (AFF) .]
SECTION HISTORY
1993, c. 683, §A2 (NEW). 1993, c.
683, §B5 (AFF). 1995, c. 65, §A110 (AMD). 1995, c.
65, §§A153,C15 (AFF). 1997, c. 776, §42 (AMD). 1999, c.
183, §13(AMD).
