Passing A Stopped School Bus in Virginia
April 9, 2017 by Jean Humbrecht
Passing a stopped school bus in Virginia (Va. Code §46.2-859) is a form of reckless driving and is a crime-not a traffic infraction. Passing a Stopped School Bus in Virginia under Va. Code §46.2-859 is punished with jail, fines, driver’s license suspension, DMV points, enrollment in Virginia ASAP, and a conviction will result in a permanent criminal record that cannot be expunged.
Proof of Passing A Stopped School Bus in Virginia
To convict an offender of Passing a Stopped School Bus in Virginia under Va. Code §46.2-859, the Commonwealth must prove:
Passing A Stopped School Bus in Virginia is A Form of Reckless Driving
- the driver
- of a motor vehicle
- failed to stop
- when approaching a school bus
- from any direction
- which is stopped
- on any highway, private road, or school driveway
- for the purpose of taking on or discharging
- children, the elderly, or physically or mentally handicapped persons
- and remain stopped until
- all the persons are clear of the highway, private road, or school driveway and
- the bus is put in motion
For purposes of this statute, a vehicle is considered a “school bus” if it is painted yellow, it is equipped with warning devices, and has the words “school bus” painted on the front and back of the bus in black with letters at least eight inches high.
Exception to Passing A Stopped School Bus in Virginia
A driver does not violate Va. Code §46.2-859 by passing a stopped school bus in Virginia if the school bus is stopped on the other roadway of a divided highway, an access road, or on a driveway when the other roadway, access road, or driveway is separated from the roadway on which he is driving by a physical barrier or unpaved area.
Va. Code §46.2-859 is also not violated when a driver passes a school bus that is loading or discharging passengers from or onto property immediately adjacent to a school if directed to pass by a law-enforcement officer or other authorized uniformed school crossing guard.
Penalty for Passing A Stopped School Bus in Virginia
Passing a Stopped School Bus in Virginia under Va. Code §46.2-859 is a form of reckless driving. Therefore, it is a Class 1 misdemeanor. It is punished with up to 12 months in jail, a fine up to $2,500, court costs, driver’s license suspension for 60 days up to 6 months, 6 DMV demerit points. and possible enrollment in the Virginia Alcohol Safety Action Program (ASAP) if the court believes the reckless driving is alcohol or drug-related.
If the driver was using a handheld communications device in violation of Va. Code §46.2-818.2 (or texting while driving), he will be fined a mandatory minimum of $250 (Va. Code §46.2-868(C)). A driver can also be charged with, and convicted of, both reckless driving and texting while driving in Virginia.
Reckless Driving in Virginia Can Be A Felony in Some Instances
Perhaps most importantly, Passing a Stopped School Bus in Virginia under Va. Code §46.2-859 is a form of reckless driving and is a CRIME. A conviction will remain on a driver’s permanent criminal record and cannot be expunged.
Felony Reckless Driving
Passing a Stopped School Bus in Virginia under Va. Code §46.2-859 can sometimes be a felony. If the driver’s license was suspended or revoked for a moving violation and another person died as a result of his reckless driving, the offense becomes a Class 6 felony (Va. Code §46.2-868(B)). Felony reckless driving is punished with up to 5 years in prison, a fine up to $2500, and driver’s license revocation for one year.
Passing A Stopped School Bus in Virginia: Statute
§46.2-859. Passing a stopped school bus