11100278D
HOUSE BILL NO. 1469
Offered January 12, 2011
Prefiled December 7, 2010
A BILL to amend and reenact § 46.2-859 of the Code of
Virginia, relating to passing a stopped school bus.
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Patrons-- Surovell, Bulova, Filler-Corn and Kory; Senator: Petersen
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Referred to Committee for Courts of Justice
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Be it enacted by the General Assembly of Virginia:
1. That § 46.2-859 of the Code of Virginia is amended
and reenacted as follows:
§ 46.2-859. Passing a stopped school bus; prima facie
evidence.
A person The driver of a motor vehicle is
guilty of reckless driving who fails to stop, when approaching from any
direction, at any
school bus which is stopped on any highway, private road or school driveway for
the purpose of taking on or discharging children, the elderly, or mentally or
physically handicapped persons, and to remain stopped until all the persons are
clear of the highway, private road or school driveway and the bus is put in
motion. The driver of a vehicle, however, need not stop when approaching a
school bus if the school bus is stopped on the other roadway of a divided
highway, on 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 an unpaved area. The driver of a vehicle also need not stop
when approaching a school bus which is loading or discharging passengers from
or onto property immediately adjacent to a school if the driver is directed by
a law-enforcement officer or other duly authorized uniformed school crossing
guard to pass the school bus. This section shall apply to school buses which
are equipped with warning devices prescribed in § 46.2-1090 and are painted
yellow with the words "School Bus" in black letters at least eight
inches high on the front and rear thereof. Only school buses which are painted
yellow and equipped with the required lettering and warning devices shall be
identified as school buses.
The testimony of the school bus driver, the supervisor of
school buses or a law-enforcement officer that the vehicle was yellow,
conspicuously marked as a school bus, and equipped with warning devices as prescribed
in § 46.2-1090 is prima facie evidence that the vehicle is a school bus.
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