Virginia Driving Laws on Passing a Stopped School Bus

Reckless Driving – Passing a Stopped School Bus

Va. Code Section 46.2-859 makes it Reckless Driving to pass a school bus that is stopped and either onloading or offloading children.

The code section requires any vehicle approaching from any direction to stop for a school bus when the school bus has its lights flashing and stop sign out and protruding and discharging children or the elderly. This applies on highways, private roadway, and on school property. The vehicle must remain stopped until all the people getting on or off the bus are cleared and the bus is back in motion.

This code section does not apply when the school bus is stopped on the other side of a divided highway, an access road, or on a driveway where the highway, access road, or driveway is separated by a physical barrier or an unpaved area from the highway the defendant is driving on. This code section also does not apply if the driver is directed by law enforcement or school crossing guard to pass a school bus.

The school bus must be yellow, marked as a school bus, and have certain warning devices equipped and working in order to apply under this code section.

This statute is meant to protect the safety of children and the elderly. These charges are taken very seriously by judges and depending on the facts of the case, could result in the very realistic possibility of an active jail sentence.

There may be technical defenses in these types of cases, and each is heavily reliant on the facts of each individual case. The attorneys at Welch & Wright have vast experience in these cases and have successfully fought and won these cases at trial.

Reckless Driving is a class 1 misdemeanor and can result in a jail sentence of up to 1 year, a license suspension for up to 6 months, and a fine of up to $2,500. This charge is a major moving violation and results in 6 demerit points being placed on the defendant’s driving record and stays on their record for 11 years.