Passing A Stopped School Bus Carries Greater Penalties This Year

Officials remind drivers that passing a stopped school bus is illegal, and this year the penalties for do so are increased. (photo by Ginger Allsup)

Oskaloosa, Iowa – It never fails, your late for work and the big yellow school bus just seems to be taking it’s time as it lumbers from stop to stop.

A new law that has taken effect this year adds increased penalties for drivers who pass a stopped school bus.

In March of 2012, Gov. Terry Branstad signed into law the “Keep Aware Driving – Youth Need School Safety Act,” also known as Kadyn’s Law.

The greatest risk to children riding the bus is the time spent approaching or leaving the bus. This would include the danger area that extends ten feet in front of the bus, the sides and back of the bus. At this point, you can expect to see a child making their way across a highway or simply to a nearby sidewalk.

Kadyn’s Law passed unanimously from the Iowa House and Senate and is intended as a tool to help prevent other tragic deaths and serious injuries to the school children of Iowa as they board or unload from school buses.

Kadyn Halverson, age 7, of Northwood, was struck by a pickup while trying to cross the road to board a school bus.

“My main concern is the safety,” says Dale Nelson. Nelson is the Maintenance and Transportation Director for the Oskaloosa School District.

He says that each stop is between thirty seconds to a minute and a half in length. “If they can’t take that time on their way to work, the consequences may be something they will never forget.”

Nelson says that just observing and watching the bus helps to provide the cues that a stop is in progress. ”They’ve got all the emergency lights that come on, well in advance, before they [bus] get to the stop.”

Nelson explained that cell phones provide a great deal of distraction to drivers, “they need to pay attention to the road.”

“We are suppose to transport the students safely to school and back, and we do our best to do that, and we are asking for the help of the public to pay attention to our buses.” Nelson says.

Oskaloosa Police Lieutenant Craig Alexander says that many violations occur at the bus stops located at the former elementary school locations.

At some of those locations, the bus can be stopped for an extended period of time. Alexander recommends that if your on a tight schedule, that you consider an alternate route versus going around the stopped bus while it’s loading or unloading students.

In the few years previous to this year, the number of citations given out for passing a stopped school bus had decreased, but for some reason that has changed.

This year, the amount of citations for passing a stopped school bus have increased, and officials are asking for drivers to be more aware when your dealing with school buses and their important passengers.

The Act, Kadyn’s Law, increased the criminal penalties for passing a stopped school bus and directed the Iowa DOT to enact rules that make illegally passing a stopped school bus a serious moving violation that triggers increasing periods of suspension for first, second and subsequent offenses.

On Aug. 14, 2012, the Iowa Department of Transportation adopted an emergency administrative rule that increases the administrative driving privilege sanctions for illegally passing a stopped school bus. Effective Aug. 15, 2012, the rule provides that a person’s Iowa driving privilege will be suspended 30 days for a first conviction, 90 days for a second conviction, and 180 days for a third or subsequent conviction.

Kadyn’s Law also increased the criminal penalties and administrative sanctions for those convicted of such violations, which are now as follows.

Offense

Criminal citation

Fine

(*additional surcharges
and court costs apply)

Imprisonment

Driving privilege suspension

First offense
Iowa Code 321.372(5)(b)(1) — Unlawful passing of school bus first offense, simple misdemeanor
Iowa Code 321.372(5)(b)(1) – At least $250, but not more than $675

The court may order imprisonment not to exceed 30 days in lieu of or in addition to a fine.

The Iowa DOT will impose a 30-day suspension.
Second offense
Iowa Code 321.372(5)(b)(2) — Unlawful passing of school bus, second or subsequent offense, serious misdemeanor
Iowa Code 903.1(b) – At least $315, but not more than $1,875
The court may also order imprisonment not to exceed one year.
The Iowa DOT will impose a 90-day suspension.
Third and subsequent offenses
Iowa Code 321.372(5)(b)(2)— Unlawful passing of school bus, second or subsequent offense, serious misdemeanor
Iowa Code 903.1(b) – At least $315, but not more than $1,875
The court may also order imprisonment not to exceed one year.
The Iowa DOT will impose a 180-day suspension.
Any offense causing serious injury to another person*
Iowa Code 321.482A — Violations resulting in injury or death — additional penalties
Iowa Code 321.482A(1) — a fine of $500
N/A
The court may order the Iowa DOT to suspend the person’s driving privileges for a period of 90 days in lieu of or in addition to the fine.
Any offense causing death to another person* **
Iowa Code 321.482A — violations resulting in injury or death — additional penalties
Iowa Code 321.482A(2) — a fine of $1,000
N/A
The court may order the Iowa DOT to suspend the person’s driving privileges for a period of 180 days in lieu of or in addition to the fine.

** The Iowa DOT also has authority under Iowa Code 321.210 and 761 Iowa Administrative Code to suspend the driving privilege of a person convicted for a moving violation that contributed to a fatal motor vehicle accident for at least 120 days. Typical suspensions under this authority are for a period of one year.

Although misdemeanor convictions do not pose the same penalties as felony convictions, they often have other effects on a person’s life. Employers often run background checks, and when they do, a misdemeanor is a criminal offense that will appear on the report. A misdemeanor can also cause problems with obtaining security clearances.

Kim Snook, director of the Iowa DOT’s Office of Driver Services, said, “We hope that these increased penalties and sanctions will make driver’s think twice before foolishly choosing to pass a stopped school bus. More than thinking about their own penalty, however, we hope they will remember and recognize that passing a stopped school bus threatens the life of a child. The few seconds gained is not worth risking a child’s life.”

This story was completed with information provided by the Iowa Department of Transportation.

Posted by on Oct 17 2012. Filed under Local News. You can follow any responses to this entry through the RSS 2.0. Responses are currently closed, but you can trackback from your own site.

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