Ned Michie
​Attorney at law

Charged with

​Passing a School Bus?

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Office in Charlottesville, Virginia
​
​​(434) 296-1198

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Personal Attention to Every Case

​Representing Central Virginia Clients 
​for Over 30 Years

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I've been honored to be chosen by multiple lawyers and law professors for
​legal representation of themselves or their family members on criminal and traffic cases. 
​Let me put my experience to work for you.

Passing a Stopped School Bus

The outcome of all traffic cases
can be greatly affected by:

Whether You Decide to Hire an Attorney
&
20 COMMON ISSUES and DECISIONS 
(follow the link to learn more)

Reckless Passing of a Stopped School Bus

​Va. Code § 46.2-859 states as follows:

     "A person driving a motor vehicle shall stop such vehicle when approaching, from any direction, any school bus which is stopped on any highway, private road or school driveway for the purpose of taking on or discharging children, the elderly, or mentally or physically handicapped persons, and shall remain stopped until all the persons are clear of the highway, private road or school driveway and the bus is put in motion; any person violating the foregoing is guilty of reckless driving. The driver of a vehicle, however, need not stop when approaching a school bus if the school bus is stopped on the other roadway of a divided highway, on an access road, or on a driveway when the other roadway, access road, or driveway is separated from the roadway on which he is driving by a physical barrier or an unpaved area. The driver of a vehicle also need not stop when approaching a school bus which is loading or discharging passengers from or onto property immediately adjacent to a school if the driver is directed by a law-enforcement officer or other duly authorized uniformed school crossing guard to pass the school bus. This section shall apply to school buses which are equipped with warning devices prescribed in § 46.2-1090 and are painted yellow with the words "School Bus" in black letters at least eight inches high on the front and rear thereof. Only school buses which are painted yellow and equipped with the required lettering and warning devices shall be identified as school buses.
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    The testimony of the school bus driver, the supervisor of school buses or a law-enforcement officer that the vehicle was yellow, conspicuously marked as a school bus, and equipped with warning devices as prescribed in § 46.2-1090 is prima facie evidence that the vehicle is a school bus.
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Code 1950, §§ 46-209, 46-209.1; 1950, p. 880; 1952, c. 671; 1954, cc. 225, 401, 458; 1958, c. 541, § 46.1-190; 1960, c. 510; 1964, c. 266; 1966, c. 694; 1968, c. 575; 1970, c. 521; 1974, cc. 222, 455; 1975, c. 633; 1978, c. 27; 1979, c. 86; 1981, cc. 333, 585; 1985, c. 148; 1989, c. 727; 2001, c. 126; 2002, c. 541; 2011, cc. 325, 326."  (emphasis added)

Penalties
       As described on the reckless driving page, the judge is given a wide range of punishment possibilities in reckless driving cases, but in a "run of the mill" case where no child was significantly endangered, the judge may just stick with a fine if the defendant is convicted.
Virginia DMV Points - As with other reckless driving convictions, a conviction of this offense carries 6 negative points, and of course DMV can add additional penalties -- including license suspensions -- if a person has a bad record.

Non-Reckless Passing of a Stopped School Bus

There is, however, a much "friendlier" way cases of passing a stopped school bus can be handled. Under Va. Code § 46.2-844, the court, upon a finding of guilt, simply imposes a civil penalty of $250 (plus court costs). The proof required is essentially identical to the reckless driving version, but this code section can be used as an alternative by the police, prosecutor, or court where the endangerment to children was not especially high. Using this statute also can be a benefit to the prosecutor in that it (unlike the reckless version) creates a rebuttable presumption that the registered owner of the vehicle was driving at the time of the offense.  This is also the section that is likely to be used where the bus is equipped with a camera managed by a private company.  

Penalties
​     Under this code section, the judge is limited to a $250 fine (plus court costs).
Virginia DMV Points -  these convictions generally lead to 4 negative points from the DMV, and of course DMV can add additional penalties -- including license suspensions -- if a person has a bad record.