Section 1174. Overtaking and passing school bus  


Latest version.
  • (a) The driver of a vehicle
      upon a public highway, street or private road upon meeting or overtaking
      from  either direction any school bus marked and equipped as provided in
      subdivision twenty of section three hundred seventy-five of this chapter
      which has stopped on the public highway, street or private road for  the
      purpose of receiving or discharging any passengers, or which has stopped
      because  a school bus in front of it has stopped to receive or discharge
      any passengers, shall stop the vehicle before reaching such  school  bus
      when  there  is  in  operation on said school bus a red visual signal as
      specified in subdivision twenty of section three hundred seventy-five of
      this chapter and said driver shall not proceed  until  such  school  bus
      resumes  motion,  or until signaled by the driver or a police officer to
      proceed. For the purposes of  this  section,  and  in  addition  to  the
      provisions  of section one hundred thirty-four of this chapter, the term
      "public highway" shall mean any area  used  for  the  parking  of  motor
      vehicles  or used as a driveway located on the grounds of a school or of
      a board of cooperative educational services facility or any area used as
      a means of access to and egress from such school or facility.
        (b) The driver of such  school  bus,  when  receiving  or  discharging
      passengers  who  must  cross  a  public highway, street or private road,
      shall instruct such passengers to cross in front  of  the  bus  and  the
      driver  thereof shall keep such school bus halted with red signal lights
      flashing until such passengers have reached the opposite  side  of  such
      highway,  street  or  private road. Whether such passengers are crossing
      such highway street or private road or discharging to the same  side  of
      such  highway, street or private road, the driver of such bus shall keep
      such school bus halted  with  red  signal  lights  flashing  until  such
      passengers  are  at  least  fifteen feet from the bus and either off the
      highway, street or private road or on a sidewalk.
        (c) Every person convicted of a violation of subdivision (a)  of  this
      section  shall: for a first conviction thereof, be punished by a fine of
      not less than two hundred fifty  dollars  nor  more  than  four  hundred
      dollars or by imprisonment for not more than thirty days or by both such
      fine  and  imprisonment; for a conviction of a second violation, both of
      which were committed within a period of three years, such  person  shall
      be punished by a fine of not less than six hundred dollars nor more than
      seven  hundred  fifty  dollars  or by imprisonment for not more than one
      hundred eighty days or by  both  such  fine  and  imprisonment;  upon  a
      conviction  of  a  third  or  subsequent  violation,  all  of which were
      committed within a period of three years, such person shall be  punished
      by a fine of not less than seven hundred fifty dollars nor more than one
      thousand dollars or by imprisonment for not more than one hundred eighty
      days or by both such fine and imprisonment.
        (d) For the purposes of this section, the term "passengers" shall mean
      those  persons  designated  in  paragraph  (d)  of subdivision twenty of
      section three hundred seventy-five of this chapter.