School Bus Passing Law - Illinois

[lleon458]

I live in Illinois and the other day while taking my child to school, i found myself behind a school bus (smaller one, not normal size), with the yellow lights flashing (this has been a daily occurrence for the past few weeks). I came to a complete stop and looked to see if anything was going on, which turned out to be nothing. Now I know that yellow is an indication that the bus will be picking up soon, but how long to wait? I waited about 20 seconds or so and then I proceeded to go around the bus. As i get along side and about to go pass the bus driver then activates the red lights and of course an unmarked police car was waiting in a nearby driveway. Well, I was pulled over for unlawfully passing a school bus loading (CH 625, ACT 5, SEC 1414b). As i was talking with the officer, who went to talk to the bus driver first by the way, said that i did this, but I said that the red lights were not flashing, but yellow (again daily event). He said that it was a close call, but I should have stopped and backed-up! What? So, as i wait for the officer to return with my citation (almost 10 mins) the bus still had the red lights flashing and didn't even load. So, I want to contest this citation, but what is the process as well as the likely hood of success? Also, I have a court date that he gave on the ticket, is that the place I can plead not guilty, or do I have to go some where else?

Thank you in advance for your help.What is the name of your state (only U.S. law)?

 

[FlyingRon]

You're not supposed to pass a school bus that is STOPPED to pick up students.
The red lights are a sign that you must stop BEFORE reaching the bus. However, that statute isn't written that specifically. You seem to be in technical violation.


Sec. 11‑1414. Approaching, overtaking, and passing school bus.
(a) The driver of a vehicle shall stop such vehicle before meeting or overtaking, from either direction, any school bus stopped at any location for the purpose of receiving or discharging pupils. Such stop is required before reaching the school bus when there is in operation on the school bus the visual signals as specified in Sections 12‑803 and 12‑805 of this Code. The driver of the vehicle shall not proceed until the school bus resumes motion or the driver of the vehicle is signaled by the school bus driver to proceed or the visual signals are no longer actuated.

 

[lleon458]

Thanks for your reply, but, as i understand from my limited research yellow flashing lights are a warning that a bus will be stopping. Well, this bus was stopped for a period of time, which according to their training manual is a big no-no. You also stated that I seem to be in a "technical violation", what does that mean? Also, my only other question is the legal definition of "before overtaking a school bus"? As i see it I already overtook the school bus before the stop signal arm was extended.

Thanks again.

 

[FlyingRon]

You over took it. You were behind it. It was stopped. The rules don't specifically require the the lights to be on "technically". Read the statute carefullly.