passing a school bus

[joefleck]

What is the name of your state (only U.S. law)?
Illinois

today i was driving on a 2-lane highway, one lane each direction with gravel shoulder. i was following a school bus picking up passengers intermittently on the side of the road. i always assumed that it was ok to pass a school bus if the yellow lights were flashing, but the stop sign arm was not extended and the bus was not stopped. as the school bus approached another stop, the driver signaled the yellow lights before hand and started to pull on to the side of the road. i was following and started slowing down behind the bus and decided to pass the bus before it came to a complete stop. as i was passing alongside the bus, it continued to slow and pulled on to the gravel shoulder of the road. the arm extended just after i had passed the bus. an officer saw this and pulled me over saying that it's illegal to pass a bus that has come to a complete stop and with its arm extended. however, i do not believe the bus was completely stopped when i passed but the officer says otherwise. if i had kept up my initial speed before the school bus signaled the yellow lights, i would have passed long before the bus came to a complete stop, but because i slowed down to pass the bus safely, it was a closer call than it should have been.

my questions are, am i in the wrong here? i have a perfect record and i'm worried about what will happen. how likely is it that i will be convicted? my court date is in june. what should i do to prepare?

 

[ErinGoBragh]

What is the name of your state (only U.S. law)?
Illinois

today i was driving on a 2-lane highway, one lane each direction with gravel shoulder. i was following a school bus picking up passengers intermittently on the side of the road. i always assumed that it was ok to pass a school bus if the yellow lights were flashing, but the stop sign arm was not extended and the bus was not stopped. as the school bus approached another stop, the driver signaled the yellow lights before hand and started to pull on to the side of the road. i was following and started slowing down behind the bus and decided to pass the bus before it came to a complete stop. as i was passing alongside the bus, it continued to slow and pulled on to the gravel shoulder of the road. the arm extended just after i had passed the bus. an officer saw this and pulled me over saying that it's illegal to pass a bus that has come to a complete stop and with its arm extended. however, i do not believe the bus was completely stopped when i passed but the officer says otherwise. if i had kept up my initial speed before the school bus signaled the yellow lights, i would have passed long before the bus came to a complete stop, but because i slowed down to pass the bus safely, it was a closer call than it should have been.

my questions are, am i in the wrong here? i have a perfect record and i'm worried about what will happen. how likely is it that i will be convicted? my court date is in june. what should i do to prepare?

You are in the wrong. From your description, the officer was justified in pulling you over and issuing a ticket. As you can have your license suspended for this, I would recommend that you obtain an attorney to help you argue down any potential penalties in court.

From Illinois State Police Press Release :

"SPRINGFIELD, IL - Now that students are back in school, the Illinois State Police (ISP) is reminding motorists of the laws and penalties for passing school buses and speeding through school zones. "These laws were put in place to protect our most valuable resource, our students," said ISP Director Sam W. Nolen. "It is important for drivers to know that officers strictly enforce these laws, and the penalties are appropriately stiff."


Nolen said it is unlawful for a driver to pass a school bus that has stopped to load or unload children when its stop signal arm is extended. The driver is required to stop his or her vehicle before passing the school bus from either direction. An exception is when the driver is on a highway with four or more lanes with at least two lanes of traffic in either direction. If the driver is going in the opposite direction of the bus, they do not have to stop.


Illinois law provides that the driving privileges of a person convicted of passing a stopped school bus will be suspended for three months for the first offense and one year for the second, if the second conviction occurs within five years. Additionally, the fine for a first conviction is $150 and $500 for a second or subsequent conviction.


Nolen also said school bus drivers may call police with the license plate number of vehicles that illegally pass them. In those instances, state statute provides that the owner is responsible for identifying the operator of the vehicle if they were not the driver when the violation occurred. Otherwise, the owner faces the charges.


Nolen also reminded drivers that the speed limit in school zones when students are present is 20 mph. Drivers arrested for speeding in a school zone must appear in court and face a minimum fine of $150."


Please see the below thread:

https://forum.freeadvice.com/speeding-other-moving-violations-13/illinois-school-bus-passing-248992.html

 

[joefleck]

based on the advice in that thread, it's not illegal to pass a school bus with flashing yellow lights, but as i did so, the stop sign started to extend when i was passing roughly at the bus driver's window. does that still apply? the bus was still moving while on the gravel, i'd say 8-10mph when i started to overtake it traveling at about 30-35mph. from my point of view it seems like i'm stuck in a gray area and going to get nailed for it. i guess i'll see about an attorney either way. thank you for the quick response

 

[FlyingRon]

Just like the yellow light on the traffic signal, it's to warn you the red is coming so you can slow down appropriately. It doesn't mean "hurry up and get through before the light turns red."

 

[ErinGoBragh]

based on the advice in that thread, it's not illegal to pass a school bus with flashing yellow lights, but as i did so, the stop sign started to extend when i was passing roughly at the bus driver's window. does that still apply? the bus was still moving while on the gravel, i'd say 8-10mph when i started to overtake it traveling at about 30-35mph. from my point of view it seems like i'm stuck in a gray area and going to get nailed for it. i guess i'll see about an attorney either way. thank you for the quick response

If the warning lights are on, you pass at your own risk. You did, and since the arm was being extended, you got a ticket that was justified.

I would absolutely follow up with an attorney though, they can help you more than we can, and with the three-month suspension appearing mandatory, you certainly may get some help from one.

 

[joefleck]

Just like the yellow light on the traffic signal, it's to warn you the red is coming so you can slow down appropriately. It doesn't mean "hurry up and get through before the light turns red."

i was treating the yellow lights as a traffic signal in my mind, and it appeared i could pass safely before the bus was able to stop completely. i guess that's a bad judgment call on my part.

If the warning lights are on, you pass at your own risk. You did, and since the arm was being extended, you got a ticket that was justified.

I would absolutely follow up with an attorney though, they can help you more than we can, and with the three-month suspension appearing mandatory, you certainly may get some help from one.

i see. Well the officer said that since my driving record was really good, it is likely the judge would do supervision instead of the 3 month suspension. i guess i'm just looking for some reassurance that i won't get the book thrown at me. thanks for your responses.