Passing school bus w/flashing lights on- while engine off

[kargan]

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

I live in Sacramento, CA. I was issued a moving violation ticket by Police department. Below is my situation.

1- Violation happened at school area
2- It was single road but have curb to park the school bus. (Blacktop then concrete top for bus parking)
3- Bus engine was off, Flashing light and stop sign was on, high-school kids are loading in to bus.
4- I was dropping my kids at the school.(Which I do every day, but this is the 1st time I see the flashing lights)
5- Couple of cars passed the bus, I just followed the traffic.
6- Officer was coming from opposite side, he stopped his motor cycle and went to talk with bus driver
7- Since it was school hour traffic was slow, i was moving driving slow towards the stop sign
8- Officer turned his lights on and I stopped, he gave me the ticket.

My question for experts:
1- Is it legal to turn on the flashing lights and stop sign when the bus turned off and parked in parking area to load students?
2- After officer talked to the bus driver he turned off the lights
3- I had dash board camera in my car, so I can prove that I was following the traffic.
4- What should I do to fight in court, i do not want to pay $736 fine which i can't afford.

 

[Zigner]

Why do you believe the law cares if the engine was running or not. Furthermore, how could you have known if the engine was running?

 

[kargan]

Why do you believe the law cares if the engine was running or not. Furthermore, how could you have known if the engine was running?

My windows was open and I do not hear any sounds. (Usually the school bus makes more sound) This is what I do every day, I never got tickets or accident in my 30 years of driving. Thanks for your question.

 

[Zigner]

My windows was open and I do not hear any sounds. (Usually the school bus makes more sound) This is what I do every day, I never got tickets or accident in my 30 years of driving. Thanks for your question.

Congratulations on not getting a ticket in 30 years. That is, apparently, a combination of good driving and luck.

 

[FlyingRon]

I'm not sure I understand your description of the roadway but the VC pretty much allows and in many cases REQUIRES the operation of the stop signals/sign when students are getting on or off the bus. Even if they were operating it in a place not required or allowed, that doesn't excuse the violation of the requirement for stopping for the bus.

Take comfort it is an infraction there, you'd be charged with a misdemeanor in Virgnia.

 

[LdiJ]

I'm not sure I understand your description of the roadway but the VC pretty much allows and in many cases REQUIRES the operation of the stop signals/sign when students are getting on or off the bus. Even if they were operating it in a place not required or allowed, that doesn't excuse the violation of the requirement for stopping for the bus.

Take comfort it is an infraction there, you'd be charged with a misdemeanor in Virgnia.

I think he was saying that the school bus was in the bus parking spot at the school, loading the children. I have never seen lights on or the sign out when driving my granddaughter to school. However, the bus parking spots are separated from the car driving areas, so what happened to the OP could never happen.

 

[CdwJava]

This does not appear to be an off road parking lot, but an area at the curb where the bus pulls over to make the pick up and drop off.

Also, note that the code section does not require that the bus have its motor running.

22454. (a) The driver of any vehicle, upon meeting or overtaking,
from either direction, any schoolbus equipped with signs as required
in this code, that is stopped for the purpose of loading or unloading
any schoolchildren and displays a flashing red light signal and stop
signal arm, as defined in paragraph (4) of subdivision (b) of
Section 25257, if equipped with a stop signal arm, visible from front
or rear, shall bring the vehicle to a stop immediately before
passing the schoolbus and shall not proceed past the schoolbus until
the flashing red light signal and stop signal arm, if equipped with a
stop signal arm, cease operation.

If the court finds that the bus was operating off the public roadway, then you might prevail.

 

[BigMouthWino]

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

I live in Sacramento, CA. I was issued a moving violation ticket by Police department. Below is my situation.

1- Violation happened at school area
2- It was single road but have curb to park the school bus. (Blacktop then concrete top for bus parking)
3- Bus engine was off, Flashing light and stop sign was on, high-school kids are loading in to bus.
4- I was dropping my kids at the school.(Which I do every day, but this is the 1st time I see the flashing lights)
5- Couple of cars passed the bus, I just followed the traffic.
6- Officer was coming from opposite side, he stopped his motor cycle and went to talk with bus driver
7- Since it was school hour traffic was slow, i was moving driving slow towards the stop sign
8- Officer turned his lights on and I stopped, he gave me the ticket.

My question for experts:
1- Is it legal to turn on the flashing lights and stop sign when the bus turned off and parked in parking area to load students?
2- After officer talked to the bus driver he turned off the lights
3- I had dash board camera in my car, so I can prove that I was following the traffic.
4- What should I do to fight in court, i do not want to pay $736 fine which i can't afford.

There are some tricks to fighting your ticket in California. Nolo press publishes a great book specific to this subject. Were you cited by a City of Sacramento police officer or some other agency (suburbs)? If so which agency cited you?

 

[BigMouthWino]

This does not appear to be an off road parking lot, but an area at the curb where the bus pulls over to make the pick up and drop off.

Really? Have you seen it?

 

[CdwJava]

Really? Have you seen it?

Nope. But, the OP described it:

It was single road but have curb to park the school bus. (Blacktop then concrete top for bus parking)​

I suspect that if there had been a driveway to enter and a sidewalk between the roadway and the parking/stopping/pickup area, the OP would have mentioned it.

 

[BigMouthWino]

Nope. But, the OP described it:

It was single road but have curb to park the school bus. (Blacktop then concrete top for bus parking)​

I suspect that if there had been a driveway to enter and a sidewalk between the roadway and the parking/stopping/pickup area, the OP would have mentioned it.

So it appeared where exactly? In your imagination?

 

[CdwJava]

So it appeared where exactly? In your imagination?

Apparently on the side of the road in an area set aside as part of an easement, cut, or expansion to the roadway to accommodate the bus. You don't have those in MD?

Yeesh!

 

[FlyingRon]

No, to me it means that there is a lane on the road that has been concreted because buses tend to park there (and that deforms the asphalt especially in warmer climates). Unless the area is set off form the road by some divider, the buses were parked on the highway, the driver is OBLIGED to operate the lights when loading/unloading children and the OP is required to stop for them.