Failure to stop for school bus. Stop sign not out.

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shockleyj1

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I was recently pulled over for failure to stop for a school bus. I was on a 4 lane road, coming the opposite direction of the bus. The officer clearly stated that the school bus stop sign was not out, but starting to come out. I would like to know if the stop sign needs to be out, in fully extended position, for the stop to justified in GA. Also, fully in the flow of non stopping cars all around me.
 
As the father of Six school age children in Georgia I must admit that I don't have a lot of sympathy for people who are in too big of a hurry to abide by this code section. As you can see there is a requirement that the "visual signs" be in operation as defined by the two code sections I show below. If the bus is stopped and the lights are on, the fact that the stop sign is not fully extended will not help you. If you are guilty of passing a school bus it would not matter how many people were doing it with you. You can still be stopped.

It looks like you will not win if you fight this ticket.



40-6-163.
(a) Except as provided in subsection (b) of this Code section, the driver of a vehicle meeting or overtaking from either direction any school bus stopped on the highway shall stop before reaching such school bus when there are in operation on the school bus the visual signals as specified in Code Sections 40-8-111 and 40-8-115, and such driver shall not proceed until the school bus resumes motion or the visual signals are no longer actuated.
(b) The driver of a vehicle upon a highway with separate roadways need not stop upon meeting or passing a school bus which is on a different roadway, or upon a controlled-access highway when the school bus is stopped in a loading zone which is a part of or adjacent to such highway and where pedestrians are not permitted to cross the roadway.
(c) Every school bus driver who observes a violation of subsection (a) of this Code section is authorized and directed to record specifically the vehicle description, license number of the offending vehicle, and time and place of occurrence on forms furnished by the Department of Public Safety. Such report shall be submitted within 15 days of the occurrence of the violation to the local law enforcement agency which has law enforcement jurisdiction where the alleged offense occurred.

40-8-111.
(a) Each school bus used for the transportation of school children in the State of Georgia shall be in compliance with the State Board of Education bus specifications for the model year of such school bus.
(b) Each public school system shall be required to maintain each of its school buses in good working condition, including all safety equipment required in accordance with the specifications established pursuant to subsection (a) of this Code section.
(c) Nothing in subsection (a) of this Code section shall apply to motor vehicles operated by a local transit system which transport school children to and from school on regular or scheduled routes of a transit vehicle with regular fare-paying passengers.

40-8-115.
This part shall not prohibit the use of a school bus as defined in paragraph (55) of Code Section 40-1-1 for special school route service, provided it shall meet the following identification and equipment requirements:
(1) The bus need not be painted yellow or black;
(2) The bus shall be equipped with four hooded or recessed red flasher lights, or four red flasher lights and four amber flasher lights mounted on the same horizontal centerline as the red lights and nearer the centerline. Such amber lights shall be at least two and one-half times brighter than the red lights. The system shall be wired so that the amber signal lights are activated only by manual or foot operation and if activated are automatically deactivated and the red signal lights activated when the bus entrance door is opened; and
(3) While transporting children to or from school, the bus shall be equipped with the following temporary signs, located conspicuously on the front and back of such vehicle:
(A) The sign on the front shall have the words 'SCHOOL BUS' printed in black letters not less than six inches high, on a background of National School Bus Glossy Yellow; and
(B) The sign on the rear shall be at least ten square feet in size and shall be painted National School Bus Glossy Yellow and have the words 'SCHOOL BUS' printed in black letters not less than eight inches high.
 
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If the red lights were not flashing then you can make an argument. You were on a four lane road, traveling the opposite direction, and the stop sign is not in proper placement to require you to stop. For you, traveling the opposite way, the flashing red lights are what require you to stop.

If the lights were on, you have no argument. If they weren't, then you can at least try. As I said, the lights are usually on prior to the extension of the sign.
 
jharris. i understand your concern and am usually a very conscience driver. thank you for your information. i don't actually know if the lights were on or not. i saw no red light, saw no stop sign, and saw no sign of traffic stopping. thanks everyone for the information.
 
You say the stop sign was out but not extended. The red lights come on first. Since the policeman made a POINT of putting on the ticket that the stop sign was not out you maybe can beat it. Just argue that you saw no red lights and the stop sign was not out. The officer may back you and you can win it. Before the arraignment you can talk to the solicitor. Tell them your story and if you don't have too much on your record they may work with you. Good luck, don't run over any kids. We're all cool.
 
i will definitely watch out for all kids and school buses jharris. you give me hope. thank you again and have a great evening.
 
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