What Is Considered Passing a School Bus While It Is Loading or Unloading?
Passing a school bus while it is loading or unloading can have serious legal and safety consequences, as defined under 625 ILCS 5/11-1414(a). This statute prohibits a driver from passing a school bus when:
The school bus is stopped to let passengers on or off; and
The bus’s stop sign arm is extended, as required by 625 ILCS 5/12-803; and
The bus’s flashing lights are activated, as required by 625 ILCS 5/12-805.
A driver must not proceed until:
The bus resumes motion, or
The bus driver signals that vehicles may proceed.
What If the Roadway Has Multiple Lanes?
If the roadway has four or more lanes, with at least two lanes traveling in the opposite direction, vehicles traveling in the opposite direction of the stopped school bus are not required to stop. 625 ILCS 5/11-1414(e).
What If Someone Else Is Driving My Car and Gets Caught?
If your vehicle is captured on camera passing a stopped school bus, law enforcement may ask the registered owner to identify the driver. Failure to do so can result in a 3-month suspension of the vehicle’s registration (625 ILCS 5/11-1414(f)).
What Are the Penalties for Passing a School Bus While It Is Loading or Unloading?
Type of Offense
Passing a school bus which is loading or unloading is a petty offense.
Can I get Court Supervision?
No, court supervision is not available for this offense per 730 ILCS 5/5-6-1. If found guilty, you may receive up to six months of conditional discharge or probation. 730 ILCS 5/4.5-75.
Could I be Sentenced to Jail?
No, a petty offense is not punishable by jail time.
Will my License be Suspended or Revoked?
First Conviction: Mandatory 3-month suspension of driving privileges.
Second or Subsequent Conviction (within 5 years): Mandatory 1-year suspension. 625 ILCS 5/11-1414(f)
Violation Causing Death: If a violation results in a crash causing death and the violation is a proximate cause, the driver’s license will be revoked. 625 ILCS 5/6-205(a)(19).
How Much Could I be Fined?
First Violation: Minimum fine of $300.
Second or Subsequent Violation: Minimum fine of $1,000. 625 ILCS 5/11-907(d).
You may also be assessed court costs in addition to any fine.
Closing Thoughts
Every case is unique. Consulting with an attorney is critical to exploring your options. An attorney can evaluate the facts and evidence in your case to help you determine the best course of action.
Our firm has over 30 years of experience defending traffic tickets in the Chicagoland area. If you have received a traffic ticket in DuPage, Cook, Lake, Kane, Will, or Kendall County, contact our office for a free consultation.
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