New York motorists must stop for school buses whose lights are flashing. Because the state prioritizes the safety of schoolchildren, illegally passing a stopped school bus carries significant penalties. Unfortunately, many drivers are confused about the rules and end up being cited.
If you received a ticket for passing a school bus, you should understand the elements that prosecutors must prove but also the consequences of a conviction. Let The New York Traffic Ticket Lawyers fight to save you money and perhaps even your license to drive.
New York Law on Passing School Buses
According to New York law and the Governor’s Traffic Safety Committee, these are the rules for when you must stop for a bus and cannot pass it:
- Stopped and red lights flashing: If the bus is stopped and its red warning lights are flashing, whether you are behind the bus or approaching it from the front, you must stop.
- Stopped for another bus: If the bus is stopped because a bus in front of it is letting passengers on and off, you must stop.
- Same rules apply to divided highways and turning lanes: Even if you are on a divided highway or there is a paved turning lane, you must stop.
- Remain stopped until the bus moves again: You must remain stopped until the bus resumes moving forward or the driver or a police officer signals that you can pass.
Penalties for Illegally Passing a School Bus
New York recently enhanced the penalties for illegally passing a school bus, demonstrating the seriousness of this violation. These are the penalties you can expect:
| Offense number | Fine | Jail sentence | Driver’s license points |
| First | $250 – $400 | Up to 30 days | 8 |
| Second within three years | $600 – $750 | Up to 180 days | 8 |
| Third or subsequent within three years | $750 – $1,000 | Up to 180 days | 8 |
You can receive both a fine and jail time. In general, subsequent tickets and aggravating factors like speed or reckless driving will mean harsher penalties.
Other Consequences of a Ticket
Passing a school bus illegally in New York doesn’t just impact your finances and your freedom. Besides a fine and jail time, you may also face:
- Driver’s license points, suspension, and additional fees: You will receive 8 points on your driver’s license for passing a stopped school bus. Accumulating 10 points in a 24-month period will cause a suspension. Six or more points trigger an additional Driver Responsibility Assessment (DRA) fee.
- Higher insurance rates: Your automobile insurance rates will increase. Insurers take an especially grim view of passing a stopped school bus, due to the obvious safety risks and potential for a serious accident.
- Employment problems: Your employment could be in jeopardy if you either drive to (or for) work, or your job requires a clean driving record. If your job specifically involves transporting others or childcare, you could also have problems.
How to Defend Against a Ticket
Given the above information, it may sound difficult to fight back against a ticket. Fortunately, you do have the right to defend yourself. Your New York traffic ticket attorney can explore such options as:
Evidentiary problems
There may be issues with the evidence against you. Here are some examples:
- No flashing lights: If the red warning lights on the bus were not flashing when you passed, the court may dismiss the ticket.
- Malfunctioning lights: If the lights were flashing when they were not supposed to, or otherwise not working properly, this could be a defense.
- Visibility problems: Bad weather, vehicles, curves, and other obstructions may have blocked a clear view of the flashing lights.
- Challenging the officer’s testimony: The officer who issued you a ticket may not have actually observed you fail to stop, or there may be other problems with their testimony.
Procedural problems
Issuing tickets to drivers involves certain complicated procedures, and violating these could call the ticket itself into question. Here are some examples:
- You were issued a ticket under the wrong statute: The New York statute for a police officer giving you a traffic ticket is different from the one concerning a ticket that comes from a school bus camera.
- The ticket information was incorrect: Inaccurate details listed on the ticket itself, such as the wrong county or identification of the driver, could also work in your favor.
- Other procedural problems: In general, anything technically deficient about the ticket or the way in which the traffic stop was conducted hurts the prosecution’’s case against you.
Contact Our Attorney for Passing a School Bus (VTL §1174a) Ticket
Before you agree to admit guilt and pay the ticket, it’s a good idea to have an attorney review it. You may be able to save yourself considerable money, time, and other complications. Reach out to The New York Traffic Ticket Lawyers today to learn more.
Frequently Asked Questions About Passing Stopped School Bus Tickets
Are the rules the same for an officer-issued ticket versus a school bus camera ticket?
No, the school bus traffic camera system falls under a different statute. This means there are different rules and procedural requirements. Check the specific statute indicated on your ticket and ask a lawyer whether you were cited correctly.
Is a plea bargain possible?
In certain cases, yes. A plea bargain is more likely if you have a clean driving record, there are problems with the evidence against you, or there were no other issues like speeding or reckless driving. Ask a New York traffic ticket attorney for more information.
What sort of evidence will help me?
You should have strong evidence to challenge the ticket, like dashcam footage or a neutral witness who can corroborate your account. But you should also make personal notes about everything you can remember. Sometimes the smallest detail can change a case.