Stopping for School Buses
TO STOP OR NOT TO STOP?
THAT IS THE QUESTION!
Dial 1-888-STOP-4-KIDS
(1-888-786-7454)
With help from the National Highway Traffic Safety Administration (NHTSA),
the Florida Department of Education has initiated a toll free WATS line
(1-888-STOP-4-Kids) for citizens to report motorists who pass school buses
stopped to pick up or discharge students. When a person calls the
"Hotline" they will be asked to leave the tag number, vehicle state
of origin, and the time, date and location where the illegal pass was
witnessed. The Department will send a letter to the registered vehicle
owner informing them about the potentially tragic consequences of not
stopping for a school bus. The letter will also advise them of Florida
law that states when they must stop for school busses, including the
penalties for violation. Persons may also call the number to simply
request information, which will be mailed to them.
We all know that school buses are prominent in morning and afternoon
traffic during the time public and private schools are in session.
But, do we all, as drivers of other vehicles, know the various
situations in which we (1) must stop for a school bus, (2) stay
stopped for how long, and (3) may continue driving without stopping?
In 1994, two Florida children were killed when struck by private
motorists who ran the stop arms and flashing red lights of two
public school buses while the buses were properly stopped at school
bus stops. An additional child was similarly killed in 1995.
The Center for Urban Transportation Research at the University
of South Florida detected 10,590 illegal passes of properly stopped
and signaling school buses in a one-day survey in May 1995. This
equates to over 1.9 million illegal passes of properly stopped
and signaling school buses in a typical school year. Of these
illegal passes, approximately four percent were passes on the
right or loading side of the properly stopped and signaling school
bus.
Section 316.172, Florida Statutes, states:
"(1)(a) Any person using, operating, or driving a vehicle on
or over the roads or highways of this state shall, upon approaching
any school bus which displays a stop signal, bring
such vehicle to a full stop while the bus is stopped, and the
vehicle shall not pass the school bus until the signal has been
withdrawn. A person who violates this section commits a moving
violation, punishable as provided in chapter 318.
(b) Any person using, operating, or driving a vehicle that passes a school
bus on the side that children enter and exit when the school bus
displays a stop signal commits a moving violation, punishable as
provided in chapter 318, and is subject to a mandatory hearing
under the provisions of s. 318.19.
(2) The driver of a vehicle upon a divided highway
with an unpaved space of at least 5 feet, a raised median, or a physical
barrier is not required to stop when traveling in the opposite direction
of a school bus which is stopped in accordance with the provisions
of this section.
(3) Every school bus shall stop as far to the right of the street
as possible and shall display warning lights and stop signals
as required by rules of the State Board of Education before discharging
or loading passengers. When possible, a school bus shall not
stop where the visibility is obscured for a distance of 200
feet either way from the bus."
O. K., now you know what the law says, but what does this mean
in non-statute language? It is really very simple.
(1) If you are going the same way as a school bus that is flashing
red lights and has the stop arm extended, you must stop behind
the bus and cannot move until the bus retracts the stop arm and
turns off the flashing red lights.
(2) If you are going the opposite way as a school bus that is
flashing red lights and has the stop arm extended, you must stop
in front of the bus and cannot move until the bus retracts the
stop arm and turns off the flashing red lights -- UNLESS:
(A) you are on a divided highway and the one-way roadways are
separated by an unpaved space at least five feet in width, or
(B) you are on a divided highway and the one-way roadways are
separated by a physical barrier.
In short, you must stop for a school bus that is flashing red
lights and has the stop arm extended -- unless (1) you are going
the opposite direction, (2) you are on a divided highway, and
(3) the divided highway has either a five-foot unpaved space or
a physical barrier separating the roadways. If all three of the
above are present, you should continue driving at a legal speed,
but with an increased awareness that school-aged children are
in the vicinity.
Ah, do you have some questions? Like, what is a barrier? Like,
what is an unpaved space? Like, what about paved cross-overs
on some divided highways? These answers should help you!
A barrier is a continuous permanent or semi-permanent obstruction
that makes it very difficult for a vehicle or pedestrian to go
from one roadway to another. Examples of a barrier are a chain-link
fence or a concrete abutment. Traffic cones or trees in a medium
are not barriers. ALSO, PAINTED LINES, PAVEMENT MARKINGS, AND
ONE- OR TWO-WAY LEFT-HAND TURN LANES DO NOT CONSTITUTE A BARRIER.
An unpaved space is a grass, dirt, gravel, water, etc. division
between one- or multi-lane roadways going in opposite directions.
This space may either be a swale lower than the roadways or a
median raised above the roadways. While "paved" sometimes
refers only to concrete surfaces, in this context "paved"
refers to any hard surfaced permanent ground cover.
Most divided highways with an intervening unpaved space or barrier
have paved cross-overs at certain intervals. What do you do
if a bus is stopped exactly at that cross-over? It is the general
character of the entire road that counts and in this situation
you are not required to stop, unless there is a school crossing
guard on duty who is signaling you to stop or there is a traffic
signal with a red light facing toward your vehicle.
The one- or two-way left hand turn lanes common between many single-
and multi-lane roadways are never to be considered a barrier or
"unpaved" space. If you are traveling on one of these
roads, you must stop for a school bus that is flashing red lights
and has the stop arm extended -- regardless of the direction you
are traveling or the number of lanes in either direction.
School buses are equipped with yellow flashing lights in addition
to red flashing lights. Do I have to stop for a bus that is flashing
yellow lights? Flashing yellow lights are for warning purposes,
primarily to let you know the driver is nearing a loading or unloading
zone and will soon be stopping and displaying flashing red lights
and extending the stop arm. You should not stop for flashing
yellow lights; however, you should slow and be prepared to come
to a complete stop. If otherwise legal and safe to pass, you
may pass a school bus in this situation. But again, be aware
that there may be school-aged children in the vicinity.
Remember, most likely you will not be the only vehicle on the
roadway going in the same direction. When you see a school bus
with yellow lights flashing, start preparing to stop. Signal
your intentions by slowing down and activating your brake lights.
Don't surprise the drivers behind you by your actions. You know
the law and are a safe driver. Always let the other driver, who
may not know the law or may not be as safety conscious as you,
know what you are doing.
OK. Are you ready for the final examination in School Bus Safety
101? Let's see how you do!
What Florida Law says about...
Accidents and Reports
FSS 316.065 Accidents; reports;
- The driver of a vehicle involved in an accident resulting in injury to or death of any persons or damage
to any vehicle or other property in an apparent amount of at least $500 shall immediately by the quickest means of communication give notice of the accident to the local police department, if such accident occurs with a municipality; otherwise, to the office of
county sheriff or the nearest office or station of the Florida Highway Patrol.
If you are involved in a traffic crash in the State of Florida, the following information will be needed by the investigating officer:
-
Driver's license
- Registration
- Proof of Insurance (NOTE: Anyone presenting proof of insurance that they know is not valid is guilty of a misdemeanor of the first degree.)
