Counties May Impose Civil Penalties for Passing a Stopped School Bus

Published for NC Criminal Law on August 02, 2017.

Four years ago, the General Assembly increased the criminal fine for passing a stopped school bus and enacted new license revocation and registration hold provisions. During the previous year—2012—there had been more than 1,300 misdemeanor charges for passing a stopped school bus and three felony charges, two for unlawfully passing a stopped school bus and striking a person and one for doing so and causing death. Not much has changed. In 2016, there were 1,400 misdemeanor charges for passing a stopped school bus and three felony charges for doing so and striking a person. This year, the General Assembly took a different tack. S.L. 2017-188 (S 55) authorizes counties to adopt ordinances that enforce the provisions of G.S. 20-217 by means of automated school bus safety cameras and impose civil penalties for violations.  The rule. G.S. 20-217(a) requires the driver of a vehicle that approaches a school bus from any direction on the same street, highway, or public vehicular area to stop and remain stopped when (1) the bus is displaying its mechanical stop signal or flashing red lights and (2) is stopped for the purpose of allowing passengers to board or leave the bus. The driver of the other vehicle may not move, pass, or attempt to pass the school bus until after (1) the mechanical stop signal has been withdrawn, (2) the flashing red stoplights have been turned off, and (3) the bus has started to move. (The exception for vehicles traveling in the opposite direction on a divided roadway [...]