www.njlaws.com/passing_school_bus.html?id=913&a=
Kenneth Vercammen's Law
office represents individuals charged with criminal and serious traffic
violations throughout New Jersey. 39:4-128.1
39:4-128.1
. School buses stopped for children;
duty of motorists; duty of bus driver; violations; revocation of license
1.
On highways having roadways not divided by
safety islands or physical traffic separation installations, the driver of a
vehicle approaching or overtaking a bus, which is being used solely for the
transportation of children to or from school or a summer day camp or any school
connected activity and which has stopped for the purpose of receiving or
discharging any child, shall stop such vehicle not less than 25 feet from such
school bus and keep such vehicle stationary until such child has entered said bus
or has alighted and reached the side of such highway and until a flashing red
light is no longer exhibited by the bus; provided, such bus is designated as a
school bus by one sign on the front and one sign on the rear, with each letter
on such signs at least four inches in height.
On highways having dual or multiple roadways
separated by safety islands or physical traffic separation installations, the
driver of a vehicle overtaking a school bus, which has stopped for the purpose
of receiving or discharging any child, shall stop such vehicle not less than 25
feet from such school bus and keep such vehicle stationary until such child has
entered said bus or has alighted and reached the side of the highway and until
a flashing red light is no longer exhibited by the bus.
On highways having dual or multiple roadways
separated by safety islands or physical traffic separation installations, the
driver of a vehicle on another roadway approaching a school bus, which has
stopped for the purpose of receiving or discharging any child, shall reduce the
speed of his vehicle to not more than 10 miles per hour and shall not resume
normal speed until the vehicle has passed the bus and has passed any child who
may have alighted therefrom or be about to enter said bus.
For purposes of this section,
"highway" means the entire width between the boundary lines of every
way whether publicly or privately maintained when any part thereof is open to
the public for purposes of vehicular travel.
Whenever a school bus is parked at the curb
for the purpose of receiving children directly from a school or a summer day
camp or any school connected activity or discharging children to enter a
school, or a summer day camp or any school connected activity, which is located
on the same side of the street as that on which the bus is parked, drivers of
vehicles shall be permitted to pass said bus without stopping, but at a speed
not in excess of 10 miles per hour.
The driver of a bus which is being used
solely for the transportation of children to or from school or a summer day
camp or any school connected activity shall continue to exhibit a flashing red
light and shall not start his bus until every child who may have alighted
therefrom shall have reached a place of safety.
Any person who shall violate any provision of
this act shall be subject to (1) a fine of not less than $100.00, (2)
imprisonment for not more than 15 days or community service for 15 days in such
form and on such terms as the court shall deem appropriate, (3) or both for the
first offense, and a fine not less than $250.00, imprisonment for not more than
15 days, or both for each subsequent offense. The penalties shall be
enforced and recovered pursuant to the provisions of chapter 5 of Title 39 of
the Revised Statutes. There shall be a rebuttable presumption that the
registered owner of the vehicle which was involved in the violation of this
section was the person who committed the act. Any person who suppresses, by way
of concealment or destruction, any evidence of a violation of this section or
who suppresses the identity of the violator shall be subject to a fine of
$100.
The Director of the Division of Motor
Vehicles may also revoke the license to drive a motor vehicle of any person who
shall have been guilty of such willful violation of any of the provisions of
this act as shall, in the discretion of the director, justify such revocation,
but the director shall, at all times, have power to validate such a license
which has been revoked, or to grant a new license to any person whose license
to drive a motor vehicle shall have been revoked pursuant to this act.
. School buses stopped for children;
duty of motorists; duty of bus driver; violations; revocation of license
1.On highways having roadways not divided by
safety islands or physical traffic separation installations, the driver of a
vehicle approaching or overtaking a bus, which is being used solely for the
transportation of children to or from school or a summer day camp or any school
connected activity and which has stopped for the purpose of receiving or
discharging any child, shall stop such vehicle not less than 25 feet from such
school bus and keep such vehicle stationary until such child has entered said bus
or has alighted and reached the side of such highway and until a flashing red
light is no longer exhibited by the bus; provided, such bus is designated as a
school bus by one sign on the front and one sign on the rear, with each letter
on such signs at least four inches in height.
On highways having dual or multiple roadways
separated by safety islands or physical traffic separation installations, the
driver of a vehicle overtaking a school bus, which has stopped for the purpose
of receiving or discharging any child, shall stop such vehicle not less than 25
feet from such school bus and keep such vehicle stationary until such child has
entered said bus or has alighted and reached the side of the highway and until
a flashing red light is no longer exhibited by the bus.
On highways having dual or multiple roadways
separated by safety islands or physical traffic separation installations, the
driver of a vehicle on another roadway approaching a school bus, which has
stopped for the purpose of receiving or discharging any child, shall reduce the
speed of his vehicle to not more than 10 miles per hour and shall not resume
normal speed until the vehicle has passed the bus and has passed any child who
may have alighted therefrom or be about to enter said bus.
For purposes of this section,
"highway" means the entire width between the boundary lines of every
way whether publicly or privately maintained when any part thereof is open to
the public for purposes of vehicular travel.
Whenever a school bus is parked at the curb
for the purpose of receiving children directly from a school or a summer day
camp or any school connected activity or discharging children to enter a
school, or a summer day camp or any school connected activity, which is located
on the same side of the street as that on which the bus is parked, drivers of
vehicles shall be permitted to pass said bus without stopping, but at a speed
not in excess of 10 miles per hour.
The driver of a bus which is being used
solely for the transportation of children to or from school or a summer day
camp or any school connected activity shall continue to exhibit a flashing red
light and shall not start his bus until every child who may have alighted
therefrom shall have reached a place of safety.
Any person who shall violate any provision of
this act shall be subject to (1) a fine of not less than $100.00, (2)
imprisonment for not more than 15 days or community service for 15 days in such
form and on such terms as the court shall deem appropriate, (3) or both for the
first offense, and a fine not less than $250.00, imprisonment for not more than
15 days, or both for each subsequent offense. The penalties shall be
enforced and recovered pursuant to the provisions of chapter 5 of Title 39 of
the Revised Statutes. There shall be a rebuttable presumption that the
registered owner of the vehicle which was involved in the violation of this
section was the person who committed the act. Any person who suppresses, by way
of concealment or destruction, any evidence of a violation of this section or
who suppresses the identity of the violator shall be subject to a fine of
$100.
The Director of the Division of Motor
Vehicles may also revoke the license to drive a motor vehicle of any person who
shall have been guilty of such willful violation of any of the provisions of
this act as shall, in the discretion of the director, justify such revocation,
but the director shall, at all times, have power to validate such a license
which has been revoked, or to grant a new license to any person whose license
to drive a motor vehicle shall have been revoked pursuant to this act.
5
points
A Municipal Court
also has the power to suspend a driver's license for reckless driving,
excessive speeding, or where the judge finds a person guilty of such a willful
violation as shall in the court's discretion, justify such revocation (NJSA
39:5-31).
State v. Moran 202 NJ 311 (2010)
The license suspension provision of N.J.S.A.
39:5-31, which is published in the Motor Vehicle Code of the New Jersey
Statutes Annotated, is not “hidden,” and defendant, like all motorists, is
presumed to know the law.
KENNETH VERCAMMEN & ASSOCIATES, PC
ATTORNEY AT LAW
2053
Woodbridge Ave.
Edison,
NJ 08817
732-572-0500
www.njlaws.com
Copyright
Vercammen Law 2015
