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Passing a Stopped School Bus

Passing a Stopped School Bus in New York City

NY VTL § 1174(a): Failure to Stop for a School Bus

One traffic law that many motorists forget about is the law regarding school buses. Passing a stopped school bus with flashing red lights is a serious offense in New York. When a school bus flashes its signal lights, all lanes of traffic on both sides of the road must come to a complete stop, even if the opposing lines of traffic are divided.

According to New York VTL § 1174(a), a driver who meets or overtakes a school bus (from either direction) that has stopped to receive or discharge any passengers, and which has at least one flashing red signal lamp, must stop their vehicle before reaching said school bus. The driver must also remain stopped until the bus continues moving, signals for the driver to pass, or a police officer gives the driver permission to continue.

What Happens if You Pass a Stopped School Bus?

If pulled over for this traffic violation, you could face significant penalties, especially for repeat offenses. Here are the potential consequences:

  • First Offense: A fine of $250 - $400, 5 points on your license, and the possibility of up to 30 days in jail.
  • Second Offense (within three years): A fine of $600 - $750, 5 points, and up to 180 days in jail.
  • Third Offense (within three years): A fine of $750 - $1,000, 5 points, and up to 180 days in jail.

Additionally, drivers with multiple violations in a short period may face license suspension or revocation.

If you accidentally pass a stopped school bus, it’s crucial to consult a lawyer immediately. Gannes & Musico, LLP specializes in fighting these cases and may be able to help you reduce your penalties or even have your ticket dismissed.

Do not hesitate to speak with a New York City school bus ticket lawyer from our firm if you were pulled over for passing a stopped school bus. We can help you fight your ticket.

Why the Law Requires You to Stop

The primary reason for this law is to ensure the safety of all passengers, especially children. According to the New York Department of Motor Vehicles (DMV), the majority of school bus-related accidents occur when children are exiting the bus and crossing the road – not during collisions with other vehicles.

To ensure maximum safety:

  • Drivers must stop at least 20 feet away from the bus.
  • Drivers on both sides of the road must stop, regardless of whether the road is divided.

Failure to comply not only endangers children but also leads to severe legal repercussions.

Can You Fight a School Bus Ticket?

Yes, you can fight a school bus ticket. A skilled traffic attorney may be able to challenge the evidence, argue mitigating circumstances, or negotiate a reduction of your fine and points. For example, some cases involving school bus tickets have been amended to less severe violations, such as parking violations, to avoid points being added to a driver’s license.

Special Situations

  • Passing a Stopped School Bus in New Jersey: If you accidentally pass a stopped school bus in New Jersey, the penalties are similar but may vary slightly from New York. It’s advisable to consult with an attorney familiar with NJ traffic laws.
  • Bus Stopped at an Intersection: Always stop for a bus at an intersection if its red lights are flashing, regardless of whether it is on your side of the road or the opposite side.

Consult a School Bus Ticket Attorney in NYC

Gannes & Musico, LLP is led by Attorney Margo L. Gannes and Attorney Philip Musico, who are both dedicated to fighting traffic tickets and criminal charges for more serious traffic violations. Whether you need to fight a ticket for passing a school bus or for leaving the scene of an accident, we can help. Our seasoned NYC school bus ticket lawyers are well-versed in New York's traffic laws, including the complexities of NY VTL § 1174(a), and will tirelessly handle your case to achieve the best results while protecting your driving record.

Call (877) 803-2603 to schedule a consultation and take the first step toward resolving your ticket!

Our FAQ

  • How Much Is a School Bus Ticket in NY?

    Fines range from $250 to $1,000 depending on the number of offenses, with additional penalties such as points on your license and potential jail time.

  • Is Passing a School Bus a Felony?

    No, passing a stopped school bus is not a felony in New York, but repeated violations can lead to severe penalties, including license suspension and significant fines.

  • Why Do Some Motorists Fail to Stop for School Buses?

    According to the DMV, reasons include driver distraction, lack of awareness of the law, or confusion about when stopping is required. However, none of these are valid defenses in court.

  • What Is VTL1174(a)?

    VTL 1174-a specifically governs the rules and penalties for passing a stopped school bus. It mandates that all drivers stop for a bus with flashing red lights, regardless of their direction of travel

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