Written By Chris Dolan and Phil Johnson
This week’s question comes from Damon from San Francisco, CA who asks:
My kids are back in school, and I’m sure many parents around California are rejoicing. The exciting days of keeping your child entertained and occupied all summer are gone. But also means school buses are back on the roads. Having the children out of the house during the day is a welcomed change, but they must return home safely. When do drivers need to stop for a school bus?
Dear Damon,
Having kids back at school highlights the importance of safety and following laws regarding school bus safety. California Vehicle Code section 22454(a) requires drivers to stop for any school bus that stops and displays a flashing red light signal and stop signal arm unless the driver is going the opposite direction on a divided highway or a multi-lane highway with two or more lanes in each direction. The code section also requires other vehicles to remain stopped until the flashing red light signal and the stop signal arm cease operation. To be clear, you must stop if you drive in the opposite direction of a school bus that comes to a flashing stop on a two-lane, undivided road.
Children can be unpredictable. They can get excited, forget their surroundings, and make mistakes. California Vehicle Code section 21950(a) requires drivers to yield the right-of-way to a pedestrian crossing the roadway within any marked or unmarked crosswalk at an intersection.
Whenever you see a school bus extend its stop sign and flash its lights, assume that children are exiting the bus. Look around, use your ears, and listen. Do you see any children running near the street, laughing, and possibly not looking where they are going? Wait to move until after the bus has turned off its lights and progressed forward. Drive slowly and be prepared to brake.
Train Tracks
California Vehicle Code section 22451 requires school buses to stop at least 15 feet from any railroad crossing. States began requiring school buses to stop at railroad crossings after a tragic 1938 accident in which 27 of 39 students were killed in Sandy, Utah when a bus driver failed to see or hear a behind-schedule train in a blinding snowstorm.
While it may seem unnecessary to stop when conditions are clear and dry, an abundance of caution is appropriate when discussing school bus safety. We implore all drivers and parents to apply extra caution whenever they find themselves near a school bus.
Ticket, Traffic School, or Jail?
Surprisingly, passing a stopped school bus with flashing red lights, while a violation of Vehicle Code section 22454(a), is not a crime. The law categorizes such conduct as only an infraction. As such, those who fail to stop for a school bus with flashing red lights can expect to receive a $695 traffic ticket. The infraction will also lead to the Department of Motor Vehicles assessing one Negligent Operator Treatment System (NOTS) point on your driving record. Of course, the consequences of failing to stop can be much more severe if the driver strikes a child while doing so. Please do not risk it!
The Dolan Law Firm wishes every child and parent a safe return to school. Scan your surroundings near a school bus and stop when you see those flashing lights and extended stop signs.
