A Schoolbus and Me: NJ Statute 39:4-128.1

[mcb197]

What is the name of your state? New Jersey

Hello friends,

Two weeks ago I went to drop my wife off at the high school where she works. It was a crowded parking lot, full of cars, students, teachers and, unfortunately, school buses.

I pulled up onto the curb drop her off, and to do so, I had to pass and pull in front of a stopped school bus. The bus driver was mad for some reason. Maybe I cut her off? I don't know, but she was honking her horn and yelling. I wasn't even sure at the time that she was angry with me, so I completely ignored her and drove away.

Yesterday I received a ticket in the mail, citing me with a violation of New Jersey Statute 39:4-128.1. However, a provision of said statute reads as follows:

"Whenever a school bus is parked at the curb for the purpose of receiving children directly from a school or a summer day camp or any school connected activity or discharging children to enter a school, or a summer day camp or any school connected activity, which is located on the same side of the street as that on which the bus is parked, drivers of vehicles shall be permitted to pass said bus without stopping, but at a speed not in excess of 10 miles per hour."​

I certainly was not in excess of 10 miles per hour (no reference to my speed appears on the ticket), and so it would appear then that I was well within my rights, and thus I intend to plead not guilty. My question then for this forum is twofold:

1. Is this matter as "open-and-shut" as I am hoping it is?

2. Do I need to hire an attorney?

Thank you so much for any advice you can provide during this stressful time.

- Matt

 

[mcb197]

Not even close. Why didn't you post the entire section, instead of a single "provision"?

I think subsection you posted is intended for dual or multiple roadways with a median divider or safety island.

I didn't post the entire statute because the rest wasn't relevant to my case. I was at the curb of the school. However, here is the statute in its entirety:

"C.39:4-128.1 School buses stopped for children; duty of motorists; duty of bus driver; violations; revocation of license.

1. On highways having roadways not divided by safety islands or physical traffic separation installations, the driver of a vehicle approaching or overtaking a bus, which is being used solely for the transportation of children to or from school or a summer day camp or any school connected activity and which has stopped for the purpose of receiving or discharging any child, shall stop such vehicle not less than 25 feet from such school bus and keep such vehicle stationary until such child has entered said bus or has alighted and reached the side of such highway and until a flashing red light is no longer exhibited by the bus; provided, such bus is designated as a school bus by one sign on the front and one sign on the rear, with each letter on such signs at least four inches in height.

On highways having dual or multiple roadways separated by safety islands or physical traffic separation installations, the driver of a vehicle overtaking a school bus, which has stopped for the purpose of receiving or discharging any child, shall stop such vehicle not less than 25 feet from such school bus and keep such vehicle stationary until such child has entered said bus or has alighted and reached the side of the highway and until a flashing red light is no longer exhibited by the bus.

On highways having dual or multiple roadways separated by safety islands or physical traffic separation installations, the driver of a vehicle on another roadway approaching a school bus, which has stopped for the purpose of receiving or discharging any child, shall reduce the speed of his vehicle to not more than 10 miles per hour and shall not resume normal speed until the vehicle has passed the bus and has passed any child who may have alighted therefrom or be about to enter said bus.

For purposes of this section, "highway" means the entire width between the boundary lines of every way whether publicly or privately maintained when any part thereof is open to the public for purposes of vehicular travel.

Whenever a school bus is parked at the curb for the purpose of receiving children directly from a school or a summer day camp or any school connected activity or discharging children to enter a school, or a summer day camp or any school connected activity, which is located on the same side of the street as that on which the bus is parked, drivers of vehicles shall be permitted to pass said bus without stopping, but at a speed not in excess of 10 miles per hour.

The driver of a bus which is being used solely for the transportation of children to or from school or a summer day camp or any school connected activity shall continue to exhibit a flashing red light and shall not start his bus until every child who may have alighted therefrom shall have reached a place of safety.

Any person who shall violate any provision of this act shall be subject to (1) a fine of not less than $100.00, (2) imprisonment for not more than 15 days or community service for 15 days in such form and on such terms as the court shall deem appropriate, (3) or both for the first offense, and a fine not less than $250.00, imprisonment for not more than 15 days, or both for each subsequent offense. The penalties shall be enforced and recovered pursuant to the provisions of chapter 5 of Title 39 of the Revised Statutes. There shall be a rebuttable presumption that the registered owner of the vehicle which was involved in the violation of this section was the person who committed the act. Any person who suppresses, by way of concealment or destruction, any evidence of a violation of this section or who suppresses the identity of the violator shall be subject to a fine of $100.

The Director of the Division of Motor Vehicles may also revoke the license to drive a motor vehicle of any person who shall have been guilty of such willful violation of any of the provisions of this act as shall, in the discretion of the director, justify such revocation, but the director shall, at all times, have power to validate such a license which has been revoked, or to grant a new license to any person whose license to drive a motor vehicle shall have been revoked pursuant to this act."​

Why didn't you stop to find out why the bus driver was honking and yelling at you?

Why was it necessary to "completely ignore her and drive away"?

Maybe there were kids walking in front of the bus and you almost mowed them down.

There were two reasons why I did not stop to speak with the angry woman:

1. I wasn't sure she was even directing her anger towards me. There were dozens of cars and people milling about.

2. People are always honking at other people because they feel slighted on the roadways. I don't usually stop to talk it out.

I just don't see how this charge can stick. I figure that the lady was upset about something and reported me, figuring that I probably would just pay, and maybe that even if I didn't it would cause me some stress (which it has) and this is her bit of revenge.

 

[LSCAP]

Was the bus displaying a flashing red light?

or

Was the bus dropping off kids directly as the section quotes? If so I think the section you quote is correct.

That ticket could be expensive if found guilty.

 

[mcb197]

Was the bus displaying a flashing red light?

or

Was the bus dropping off kids directly as the section quotes? If so I think the section you quote is correct.

That ticket could be expensive if found guilty.

I do not believe that the bus was displaying any red or flashing lights, and it certainly did not have its red stop sign extended. Whether or not children were actually going in and out at the time that I passed it, I cannot say. However, what is so strange about this is that people were constantly passing and pulling in front of this bus to drop people off at the curb. It was a busy high school morning as I am sure you are familiar with. That is why I must assume that I did something else to upset the bus driver and that this report filed against me was an act of vengeance.

Thank you for your help!

 

[cepe10]

I do not believe that the bus was displaying any red or flashing lights, and it certainly did not have its red stop sign extended. Whether or not children were actually going in and out at the time that I passed it, I cannot say. However, what is so strange about this is that people were constantly passing and pulling in front of this bus to drop people off at the curb. It was a busy high school morning as I am sure you are familiar with. That is why I must assume that I did something else to upset the bus driver and that this report filed against me was an act of vengeance.

Thank you for your help!

You may or may not need a lawyer - if you go without - come well prepared with exhibits (pics of the area) and the statute. The bus driver will have to show up - if not it should be dismissed. The bus driver is also not going to be a very reliable witness for the prosecution especially if you can show his vindictive behavior. (he will have to testify and you can cross examine him)

 

[mcb197]

Not even close. Why didn't you post the entire section, instead of a single "provision"?

Curt, you use quotation marks to mock my use of the word provision here, and then several sentences later in your reply write:

There's also a provision in the law that says...

Hmmm...

If you are going to be rude, at least think it through and get it right.

 

[cepe10]

Curt, you use quotation marks to mock my use of the word provision here, and then several sentences later in your reply write:



Hmmm...

If you are going to be rude, at least think it through and get it right.

don't worry - he is just here to mock people, and to expand his power trip