Overtaking and passing school bus; penalty.
1. Except as otherwise provided in subsection 2, the driver of any vehicle upon a highway, street or road, when meeting or overtaking, from either direction, any school bus, equipped with signs and signals required by law, which has stopped on the highway, street or road to receive or discharge any pupil and is displaying a flashing red light signal visible from the front and rear, shall bring his vehicle to an immediate stop and shall not attempt to overtake or proceed past the school bus until the flashing red signal ceases operation.
2. The driver of a vehicle upon a divided highway need not stop upon meeting or passing a school bus which is positioned in the other roadway. The driver of a vehicle need not stop upon meeting or passing a school bus where traffic is controlled by a traffic officer.
3. Any person who violates any of the provisions of this section is guilty of a misdemeanor and:
(a) For a third or any subsequent offense within 2 years after the most recent offense, shall be punished by a fine of not more than $1,000 and his driver’s license must be suspended for not more than 1 year.
(b) For a second offense within 1 year after the first offense, shall be punished by a fine of not less than $250 nor more than $500 and his driver’s license must be suspended for 6 months.
(c) For a first offense or any subsequent offense for which a punishment is not provided for in paragraph (a) or (b), shall be punished by a fine of not less than $250 nor more than $500.
Last modified: February 25, 2006