39:4–128.1 Improper passing of school bus (5 POINTS)

A driver on a highway passing school bus used solely for the transportation of children to and from school, any school activity, or summer day camp must stop not less than 25 feet from the bus when the bus has stopped to receive or discharge any passengers.

The driver, in a town like South Brunswick, New Jersey, for instance, may not proceed until all children have entered the bus or have exited and reached the side of the highway, or until the flashing red lights have stopped.

For this statute to apply, the bus must be designated as a school bus by a sign on the front and rear of the bus in lettering at least 4 inches high.

Drivers on the opposite side from a bus on a roadway divided by a safety island or physical traffic separation do not have to stop for a school bus.

Such drivers, however, must reduce the speed of their vehicles to not more than 10 miles an hour, and may not resume normal speed until their vehicles passed the bus and any child who may have exited from the bus.

When the bus is parked at the curb to receive children directly from a school, school activity, or day camp, or to discharge children to the school, school activity or day camp, and the bus is parked on the same side of the street where the school or activity is located, drivers need not stop.

However, they may not travel at a speed in excess of 10 miles per hour.

There is an inference that the registered owner of the vehicle involved in the violation of this statute was the same person who committed the act.

Penalties and Fines

Defendant convicted of this offense is subject to a minimum fine of $100, 15 days in jail or 15 days of community service.

For a second or subsequent offense the defendant must pay a fine of at least $250 and be sentenced up to 15 days in jail.

If the sentencing Judge finds that the violation was willful defendant may lose his or her license for a period of time left to the discretion of the Judge.