Failed to Stop for School Bus, NYS VTL § 1174-a
If you were issued a traffic ticket for passing a stopped school bus in New York State, this is a huge issue. Many courts take this offense very seriously and enforce maximum penalties for this ticket. Although “failed to stop for a school bus” is a violation, it is a complicated one in the eyes of the law. This is because it encompasses two sections of the law: NYS VTL §§ 1174-a, 375.20 The sections must be read together for a comprehensive picture of what it means to be in violation of this law.The Law
When read together, a driver must stop for a school bus in either direction when
- the school bus is stopped on a public highway, street or private road
- the school bus is be stopped, but engaged in picking up (receiving) or dropping off (discharging) passengers for transporting
- Children to/from
- camp or camp activities
- religious services or instruction
- child care for children of migrant farm workers or food processing laborers
- Children to/from
- Students to/from school or school activities
- Disabled persons when used by not-for-profit agency licensed by NYS or any state facility; and
- the school bus has red flashing signal lights in the front and back of the bus
- the flashing signals are illuminated and flashing
- the the words “School Bus” are painted in black on the outside of the bus, both in the front and back of the bus
- the “School Bus” letters are the same size and at minimum 8” high and at least 1” wide
- the school bus is painted yellow color known as “national school bus chrome.”
Of course a driver can move past a school bus when the bus begins to move. But, the law also allows a driver to move past a stopped school bus when the school bus driver or police officer gives a signal that a motorist can pass.What Are the Penalties and Fines?
A school bus violation carries 5 points. It is important to keep in mind that wracking up 11 points in a year and a half means a license suspension. Plus, it can trigger a driver responsibility assessment fee if a driver already has points on his or her driving record.
Fines for a conviction:
First offense range from $0 to $150
Second offense within 18 months, fines range from $0 to $300
Third offense within 18 months, fines range from $0 to $450
Town and village surcharges are $93 and all other court surcharges are $88.
Also keep in mind that a conviction of this violation can cause major car insurance premium increases for several years, which means paying big bucks to your insurance carrier.Find Out Your Options By Consulting a Traffic Ticket Lawyer in Westchester County
Whatever you do, do NOT pay this ticket! Fight it because its consequences are too severe. In fact, set yourself up for success by consulting with the best traffic ticket attorney and hiring the best defense possible. Do this by contacting Elisa Claro, Esq. at 917-300-3334 or online for a free consultation. New York traffic Lawyer Elisa Claro, Esq. has handled thousands of traffic tickets throughout New York, including Westchester County - Yonkers, Ardsley, White Plains. Hire the best defense by calling today and let Elisa and her experience work for you.