New Jersey Improper Passing of School Bus Lawyer (5 Star Client Reviews)

April 12, 2019

NEW JERSEY IMPROPER PASSING OF SCHOOL BUS LAWYER

An Improper passing of school bus infraction is one of the most serious traffic violations in New Jersey. Anyone who improperly passes a school bus can expect to be pulled over by the police and issued a ticket. Those convicted for an improper passing of school bus offense are generally subject to fines and 5 motor vehicle points. Therefore, it is important for anyone charged with the improper passing of a school bus in New Jersey to consult with a New Jersey Improper Passing of School Bus Lawyer. The Sloan Law Firm handles improper passing of school bus offenses and all other traffic violations in New Jersey. The firm offers free initial consultations on all traffic offense cases.

NEW JERSEY IMPROPER PASSING OF SCHOOL BUS STATUTE

N.J.S.A. 39:4-128.1 provides:

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 for the transportation of
children to or from school or a summer day camp or any school connected
activity, or which is being used for the transportation of a person who has a
developmental disability, and which has stopped for the purpose of receiving or
discharging any child or a person who has a developmental disability, shall
stop such vehicle not less than 25 feet from such school bus and keep such
vehicle stationary until such child or person who has a developmental
disability 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 or any person who has a developmental disability,
shall stop such vehicle not less than 25 feet from such school bus and keep such
vehicle stationary until such child or person who has a developmental
disability 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, or any person who has a developmental
disability 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.

Whenever a school bus is parked at the curb for the
purpose of receiving or discharging a person who has a developmental disability
on the same side of the street as that on which the bus is parked, drivers of
vehicles shall be permitted to pass the bus without stopping, but at a speed
not in excess of 10 miles per hour.

The driver of a bus which is being used for the
transportation of children to or from school or a summer day camp or any school
connected activity, or for the transportation of a person who has a
developmental disability 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 Chief Administrator of the Motor Vehicle Commission
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 chief administrator, justify such
revocation, but the chief administrator 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.

Free Consultations Available – (908) 358-2938

The Sloan Law Firm provides aggressive and experienced legal defense to anyone charged with improperly passing a school bus in New Jersey. If you or a loved one has been charged with an improper passing of school bus violation and would like to discuss the matter, please do not hesitate to contact the Sloan Law Firm at: (908) 358-2938. The initial consultation is always free.

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