Passing or Overtaking a Stopped School Bus

The law that pertains to passing or overtaking a stopped school bus is 625 ILCS 5/11-1414.  Receiving this citation can have serious consequences for your driving record. 

Stopping Before Meeting or Overtaking a Stopped School Bus

Drivers are required to stop their vehicles before meeting or overtaking a stopped school bus if the school bus is receiving or discharging pupils. Drivers must stop if there are visual signals (such as the stop signal arm with a lamp flashing system) on the school bus and drivers are not allowed to proceed until the bus resumes motion or the bus driver signals them to proceed, or the visual signals are turned off. This law applies to highways, roads, private roads, parking lots, school property, or any other location. Also, this is applicable to any direction. 

The Visual Signals

The visual signals are the stop signal arm and the flashing signal lamps. The stop signal arm must be extended when the bus is picking up or dropping off children and closed before the bus starts moving again. The arm is not supposed to be used for any other purpose. Additionally, the bus must activate flashing red signal lamps mounted on the front and back of the bus to indicate that it is picking up or dropping off children. When you see these signals, you must stop completely. The school bus will also display flashing amber signal lamps to indicate that it is about to stop to pick up or drop off children so that drivers can prepare to stop.

When Do Drivers Not Need to Stop?

 Drivers do not need to stop for a school bus if the following conditions apply:

• If the driver is on a highway with four or more lanes allowing for traffic to flow in both directions, the driver on the opposite side of the roadway does not need to stop for a stopped school bus. 
• If a driver is on a controlled access highway, like a freeway, and there is a separate loading zone adjacent to the highway, the driver does not need to stop for a school bus that is stopped in the loading zone. This is contingent on pedestrians not being allowed to cross the highway at that location. 

Consequences of a Conviction

 Obtaining a conviction for this offense results in a driver’s license suspension: 

• First conviction:  A 3-month driver’s license suspension by the Illinois Secretary of State. 
• Second conviction: A 1-year suspension if the second conviction occurs within 5 years of the first conviction.

 Additionally, any conviction will result in:

•  A mandatory fine of $300 for the first conviction and $1,000 for a second conviction. 
•  25 points added to your driver’s license. 
•  Possible community service hours ordered by the court. 

This offense does not allow for court supervision.  A driver may be able to obtain a restricted driving permit through the Illinois Secretary of State during the suspension for purposes such as driving to and from work. The Secretary of State may require the driver to complete a driver remedial course. Keep in mind that the Secretary of State could cancel, suspend, or revoke a restricted driving permit for violations of traffic offenses while driving with the restricted permit or for noncompliance with permit requirements. 

Contact us if you have been cited for this offense 

 Being cited for this offense can result in a driver’s license suspension. Call us at (773) 657-4427 for defense against this citation or click here to contact us.