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Passing a school bus

Posted: Mon Apr 05, 2010 10:35 am
by LarryH
This morning I was stopped by a member of the Lakeview Police (between Seabrook and what used to be Clear Lake City) for passing a stopped school bus. Apparently the bus was on the opposite side of NASA Road 1, because I didn't even notice it (had just left a gas station after filling up).

When he walked up and greeted me, I told him that I was a CHL, but wasn't carrying (on my way to work at Johnson Space Center). He said, "I assumed so, because of your (PSC range) sticker."

After our business was completed, I mentioned that I was a member of this forum and that there were some locations where the LEOs seemed to be paranoid about CHLs. He told me that one of his fellow officers would disarm a CHL who was carrying during the stop, but that his attitude was basically "You don't show me yours and I won't show you mine." and "no handling, no accident".

Now all I have to do is determine whether I can use defensive driving for the offense.

Re: Positive, professional contact

Posted: Mon Apr 05, 2010 10:48 am
by WildBill
Larry - Sorry you got the ticket, but thanks for the feedback. I have a question about this law that maybe you or some one can answer. Do you have to stop on a divided road [one with a median strip]? I wonder because I have seen some people stop and others go past the flashing red lights.

Re: Positive, professional contact

Posted: Mon Apr 05, 2010 11:00 am
by Keith B
From http://www.whitney.k12.tx.us/documents/ ... fetyPR.pdf" onclick="window.open(this.href);return false;

“Texas state law requires drivers to stop for school buses that are stopped and have activated their alternating red flashing lights. Drivers should not proceed until the school bus resumes motion; the driver is signaled by the bus driver to proceed, or the visual signal is no longer activated,” said Col. Stan Clark, interim director of the Texas Department of Public Safety.

If a road is divided only by a left-turning lane, drivers on both sides of the roadway must stop for school buses with alternating red flashing lights activated. However, if the lanes are separated by an intervening space or physical barrier, only motorists going in the same direction as the bus are required to stop. In neighborhoods, near schools, and at bus stops, drivers need to take special care because in most cases children cannot judge vehicle speed or distance.

Re: Positive, professional contact

Posted: Mon Apr 05, 2010 11:05 am
by WildBill
Thanks Keith. :thumbs2:

Re: Positive, professional contact

Posted: Mon Apr 05, 2010 11:39 am
by joe817
WildBill wrote:Larry - Sorry you got the ticket, but thanks for the feedback. I have a question about this law that maybe you or some one can answer. Do you have to stop on a divided road [one with a median strip]? I wonder because I have seen some people stop and others go past the flashing red lights.
I have looked, and looked, and looked but can't find a specific statute regarding stopping for school buses when they have their lights flashing and the 'STOP SIGN' swung out. It's got to be there...I just can't find it.

WildBill, IMO it's the law that you must stop when the bus has its lights flashing and has the stop signs swung out. They are letting off kids and we all know how unobservant kids are and will dart anywhere they want to, and thus presents a danger.

Regardless if there is a median dividing the roadway, I always stop until the bus starts up again. To me it's the same as a school crossing guard who walks the kiddos across the street holding one of those handheld stop signs.

That's my take on it, and my $.02 worth. ;-)

Re: Positive, professional contact

Posted: Mon Apr 05, 2010 11:42 am
by joe817
Arrrggghhhh! Thanks KeithB! :tiphat:

I'll STILL stop. ;-)

Re: Positive, professional contact

Posted: Mon Apr 05, 2010 11:55 am
by WildBill
LarryH - Sorry for hijacking your thread, but I found the law in the Transportation Code.
Sec. 545.066. PASSING A SCHOOL BUS; OFFENSE. (a) An operator on a highway, when approaching from either direction a school bus stopped on the highway to receive or discharge a student:

(1) shall stop before reaching the school bus when the bus is operating a visual signal as required by Section 547.701; and

(2) may not proceed until:

(A) the school bus resumes motion;

(B) the operator is signaled by the bus driver to proceed; or

(C) the visual signal is no longer actuated.

(b) An operator on a highway having separate roadways is not required to stop:

(1) for a school bus that is on a different roadway; or

(2) if on a controlled-access highway, for a school bus that is stopped:

(A) in a loading zone that is a part of or adjacent to the highway; and

(B) where pedestrians are not permitted to cross the roadway.

Re: Positive, professional contact

Posted: Mon Apr 05, 2010 1:39 pm
by martywj
You may want to look into this very closely??
The fine for the passing the stopped school bus ticket is one of the most expensive. Used to be $1000, the only one more expensive was doing it in a construction zone(fines doubled).

Re: Positive, professional contact

Posted: Mon Apr 05, 2010 1:53 pm
by WildBill
martywj wrote:You may want to look into this very closely??
The fine for the passing the stopped school bus ticket is one of the most expensive. Used to be $1000, the only one more expensive was doing it in a construction zone(fines doubled).
Yikes! A couple years ago I got a ticket for going 30mph in a 20 mph school zone. I think it was $200.

Re: Positive, professional contact

Posted: Mon Apr 05, 2010 2:19 pm
by LarryH
martywj wrote:You may want to look into this very closely??
The fine for the passing the stopped school bus ticket is one of the most expensive. Used to be $1000, the only one more expensive was doing it in a construction zone(fines doubled).
Ouch!! I certainly will. The fine print says that I can request defensive driving "on or before" the court date and only mentions speeding in excess of 25 over as being not eligible for DD. I'll call the court clerk's office this week to determine my options. Unlike some jurisdictions, Lakeview (which apparently includes El Lago and Taylor Lake Village) doesn't print typical fine amounts on their tickets.

Re: Positive, professional contact

Posted: Mon Apr 05, 2010 2:46 pm
by Rex B
You might ask ask about deferred adjudication (first).

Re: Positive, professional contact

Posted: Mon Apr 05, 2010 3:32 pm
by KD5NRH
LarryH wrote:This morning I was stopped by a member of the Lakeview Police (between Seabrook and what used to be Clear Lake City) for passing a stopped school bus. Apparently the bus was on the opposite side of NASA Road 1, because I didn't even notice it (had just left a gas station after filling up).
As Keith pointed out, if it's on the other side of the divided roadway, that's not a valid ticket. Also, he may have seen you after you pulled out beyond the bus, and just inferred that you passed it. Your gas receipt might come in handy there. Either way, you need to get a copy of the officer's notes to find out where the bus was.

Re: Positive, professional contact

Posted: Mon Apr 05, 2010 4:01 pm
by budroux2w
martywj wrote:You may want to look into this very closely??
The fine for the passing the stopped school bus ticket is one of the most expensive. Used to be $1000, the only one more expensive was doing it in a construction zone(fines doubled).
I heard on a news report on Friday, I believe, that the 2nd offence is a felony.

Re: Positive, professional contact

Posted: Mon Apr 05, 2010 4:10 pm
by Rex B
budroux2w wrote:
martywj wrote:You may want to look into this very closely??
The fine for the passing the stopped school bus ticket is one of the most expensive. Used to be $1000, the only one more expensive was doing it in a construction zone(fines doubled).
I heard on a news report on Friday, I believe, that the 2nd offence is a felony.
Wow, that's pretty cold!

Re: Positive, professional contact

Posted: Mon Apr 05, 2010 4:15 pm
by marksiwel
Nevermind I'm a jerk