School
buses
Dale G. Larrimore, Esquire
Passing a school bus — do you know
the rules? Another school year has started. Perhaps it is a good time for a
refresher.
The
rule that every driver should know is that you must stop whenever a
school bus is stopped to allow children to board or leave the bus. That is the
easy part. It becomes more difficult deciding exactly when stops are required
and how far back you need to stop. When a school bus is stopped on the road
with its red signal lights flashing and the side stop signal arms activated,
the operator of any vehicle overtaking the bus or meeting it when coming in the
opposite direction must stop at least ten feet before reaching the school bus
and must remain stopped until the school children who have gotten off the bus
have reached a place of safety.[1]
A motorist is not required to stop until
the red flashers on the school bus have been activated, since a motorist cannot
know whether it is stopped to discharge or receive school children without such
notice.[2] The concern, of course, is that a child may cut
across all traffic lanes to board, or after leaving, the bus. The driver cannot
proceed until the red lights quit flashing and every child going to or from the
bus has reached a point of safety.
What
if you are on a motorcycle or a bicycle? That counts. The key word here is vehicle.
Both are considered to be vehicles under the Pennsylvania Vehicle Code.
Now here is the question that probably
creates the most confusion for drivers. What do you do when the bus is
approaching you from the opposite direction on a multi-lane roadway? When do
you have to stop and when don’t you? It is important to recognize that the above
rule does not apply to divided highways. So what is a divided highway?
Where
there are “separate roadways,” a driver is not required to stop on meeting or
passing a school bus with active red signals that is on a different roadway.[3]
A “separate roadway” is defined in the Pennsylvania Code to be a highway that is
divided into two or more roadways, with a physical barrier or clearly indicated
dividing section between the roadways.[4]
To qualify as a separate roadway, there must be a physical barrier or a clearly
indicated dividing section separating the two halves. Physical barriers include
a concrete median barrier, metal median barrier and non-mountable curbing.
Clearly indicated dividing sections include concrete mountable curbs, trees,
shrubs, rocks, boulders, a stream or grass. But mere pavement markings or “singing
divisors” do not create separate roadways. (Yes, those rumble strips on the
road are called singing divisors). Two painted double yellow lines separating
the northbound lanes from the southbound lanes are not a physical barrier and
the driver of a northbound vehicle can be convicted of passing a stop school
bus that is in the southbound lane with the lights and stop signal arm
activated.[5]
One
might think that if you are not sure, you should just stop. However, where a
school bus heading east on a four lane divided highway stopped to discharge
children, a motorist who was driving in the westbound lanes was found to be
negligent in stopping after his vehicle was then hit in the rear.[6]
What about school buses stopped at an intersection? The driver of
a vehicle approaching an intersection at which a school bus is stopped must stop
his vehicle at that intersection until the flashing red signal lights are no
longer actuated.
School
buses, or actually their passengers, have special protection provided through
the Vehicle Code, and violating the rules with regard to passing a school bus
is considered a “serious traffic offense.”[7]
A violation can mean a fine of $100, a 60-day suspension of driving privileges
and five points on the driver's record.
The
statute mandating that motorists stop no less than ten feet before reaching a
stopped school bus with its red signal lights flashing and the side signal arm
extended, has been very strictly interpreted to favor the children of our
Commonwealth. Although a motorist is not required to stop unless the red
flashers on the school bus are in operation, a driver cannot excuse a failure
to stop by arguing that she could not see the flashing lights due to their
angle of view or other obstruction.[8]
The
operator of a school bus is empowered by the Vehicle Code to report to the
police any motorist who passes a stopped school bus, and the police may then
issue a citation based on such a report.[9]
When a school bus driver initiates legal action against a motorist for passing
a stopped school bus, the bus driver must do so by filing a signed, written
report including information pertaining to the identity of the alleged violator,
the license number, color and body type of the vehicle, and the time and
location of the violation.[10]
The report of the school bus operator must be filed with the citation issued by
the police.[11]
We commonly recognize that school
buses are painted yellow, but the Vehicle Code actually only mandates that they
be painted with a “uniform color scheme,” with the label “School Bus” on both
the front and rear.[12]
Under the Vehicle Code of Pennsylvania, a school bus is any vehicle used to
carry 11 passengers or more for the transportation of school students to or
from schools or school-related activities.[13]
When a school bus is being used for purposes other than the actual
transportation of children to or from school or in connection with school
activities, all markings indicating “school bus” must be covered and the driver
may not use the flashing visual signals.[14]
Every school bus must have its
headlights on during the entire period that the school bus is in operation.[15]
Every school bus operated in Pennsylvania must be equipped with a side stop
signal arm, on the left side of the vehicle, with a flashing red light
connected to the same circuits as the red visual signals on the bus and
automatically activated whenever the bus is stopped with the red visual signals
in use.[16]
School buses must also be equipped with a crossing control arm on the front of
the vehicle that is automatically activated whenever the bus is stopped with
the red visual signals in use.[17]
A mirror must be located on the front of the bus to permit the driver to see
any pedestrian in front of the bus, along with rear view mirrors sufficient to provide
the operator with a proper view of the sides and rear of the bus. Where a bus
failed to have such equipment, and this failure was a proximate cause of an
accident that resulted in the death of a child, the bus company may be guilty
of homicide by vehicle.[18]
The operator of a school bus on any
trafficway is required to actuate the amber visual signals at a point not more
than 300 feet nor less than 150 feet prior to making a stop to pick up or
discharge school children. The amber signals may not be used by a bus driver
unless the red visual signals are to be actuated immediately following, and the
amber signals must remain in operation until the red visual signals are
actuated.[19] The
driver of any other vehicle meeting or overtaking a school bus on the same
roadway with the amber visual signals actuated must proceed past the school bus
with caution and be prepared to stop when the red signals are flashing.[20]
Because
of the highly increased potential for tragedy should a school bus accident
occur, the Department of Transportation has created special licensing
requirements for operators and these are accepted as rational safety precautions.[21]
School Bus drivers must complete a special course of instruction and pass an
annual physical examination in order to remain qualified to operate these
vehicles.[22]
For a more thorough and detailed analysis of Pennsylvania vehicle law concerning school buses, see Dale G. Larrimore, Pennsylvania Rules of the Road, Section 8:7, (West’s Pennsylvania Practice Series, Vol. 13) (2015-2016 edition).
[1]
75 Pa.C.S. §3345(a).
[2]
Com. v.
Bream, 73 Pa. D. & C.2d 110, (C.P. 1975).
[3]
75 Pa.C.S. §3345(g).
[4]
67 Pa. Code §104.2.
[5]
Com. v.
Russell, 784 A.2d 165 (Pa. Super. Ct. 2001).
[6]
Bradley's
Guardian v. Ritchie, 57 Lanc. L.R. 129 (Pa. C.P. 1960).
[7]
75 Pa.C.S. §3101(b)
and 75 Pa.C.S. §3345.
[8]
Com. v.
Zankowski, 546 A.2d 1254 (Pa. Super. Ct. 1988).
[9]
75 Pa.C.S. §3345(a.1).
[10]
Com. v.
Fulmer, 621 A.2d 146 (Pa. Super. Ct. 1993).
[11]
Id.
[12]
75 Pa.C.S. §4552(a).
[13]
75 Pa.C.S. §102.
[14]
75 Pa.C.S. §3345(f).
[15]
75 Pa.C.S. §4308.
[16]
75 Pa.C.S. §4552(b.1).
[17]
75 Pa.C.S. §4552(b.2)
[18]
Com. v.
McIlwain School Bus Lines, Inc., 423 A.2d 413 (Pa. Super. Ct. 1980).
[19]
75 Pa.C.S. §3345(d).
[20]
75 Pa.C.S. §3345(b).
[22]
75 Pa.C.S. §1509;
Com., Dept. of Transp., Bureau of Traffic Safety v. Johnson, 478 A.2d 521 (Pa.
Commw. Ct. 1984).
