Passing a school bus on a parkway in GA

[Mustangsally85]

Hello,

Just receieved a ticket in the mail for passing a school bus. I was in the left lane, the right lane was empty and the school bus was in the right hand turning lane that leads into a neighborhood. Is it illegal to pass a school bus who has pulled of the main highway into a turning lane like this? I appreciate any advice as I will be going to court soon to fight this.

 

[xylene]

While I am of the opinion that it SHOULD be legal, the law would have to be changed for that to be the case.

I do not see how you can defend against this ticket, but given it is a serious ticket, it is a good idea to pursue all options.

 

[Mustangsally85]

While I am of the opinion that it SHOULD be legal, the law would have to be changed for that to be the case.

I do not see how you can defend against this ticket, but given it is a serious ticket, it is a good idea to pursue all options.

I will at least try to defend myself bc camera tickets are highly unconstitutional. Are you familiar with code uvc11705c?

 

[Mustangsally85]

While I am of the opinion that it SHOULD be legal, the law would have to be changed for that to be the case.

I'm sorry, GA code:

(b) The driver of a vehicle upon a highway with separate roadways need not stop upon meeting or passing a school bus which is on a different roadway, or upon a controlled-access highway when the school bus is stopped in a loading zone which is a part of or adjacent to such highway and where pedestrians are not permitted to cross the roadway

 

[FlyingRon]

I'm sorry, GA code:

(b) The driver of a vehicle upon a highway with separate roadways need not stop upon meeting or passing a school bus which is on a different roadway, or upon a controlled-access highway when the school bus is stopped in a loading zone which is a part of or adjacent to such highway and where pedestrians are not permitted to cross the roadway

Wha makes you think any part of that makes you think you aren't guilty? The turn lane is part of the same roadway you were on and is not a loading zone. The latter involves a dedicated place for buses to stop to pick up passengers, not just a turn lane.

 

[not2cleverRed]

Just for my own personal understanding and clarification: was the bus in the process of making a turn OR was the STOP sign out/lights flashing?

 

[HighwayMan]

I will at least try to defend myself bc camera tickets are highly unconstitutional.

Well, not really.

Are you saying that this ticket was camera-generated?

If so I have never heard of a setup just to catch people passing school buses. Seems odd.

 

[not2cleverRed]

Well, not really.

Are you saying that this ticket was camera-generated?

If so I have never heard of a setup just to catch people passing school buses. Seems odd.

They apparently are on the Stop-Arm of some buses in Georgia.

 

[OHRoadwarrior]

Logically, would you expect a school bus to stop and disgorge passengers except from the extreme right lane of a highway? If you were going the same way and passed a school bus properly displaying the passenger discharge lights, you deserve the ticket. Whether the bus was going to continue straight or turn afterward is irrelevant.

 

[not2cleverRed]

I will at least try to defend myself bc camera tickets are highly unconstitutional. Are you familiar with code uvc11705c?

Would you have a similar problem if a passenger caught your violation and license plate with their camera?

It certainly seems safer to have the camera on the stop arm than having the driver taking photos and filing out forms in transit.

The code you cited does not apply to your situation. You were not on a separate roadway. You were traveling in the same direction, just in a different lane.

The bus was not in a parking lot or designated loading area.

http://www.cobbk12.org/centraloffice/Transportation/OperationStopArm.pdf

If you were traveling in the opposite direction and there was a median strip separating your flow of traffic from the opposing traffic, then *maybe* you would have an argument. But even then, if there were a crosswalk, you would still have to stop.

 

[Mustangsally85]

Just for my own personal understanding and clarification: was the bus in the process of making a turn OR was the STOP sign out/lights flashing?

Bus was parked in right hand turning lane with stop arm out.

 

[Zigner]

Bus was parked in right hand turning lane with stop arm out.

Right - it was on the same roadway and you blew past it.

 

[Mustangsally85]

Well, not really.

Are you saying that this ticket was camera-generated?

If so I have never heard of a setup just to catch people passing school buses. Seems odd.

Yes this is a camera ticket.

 

[Mustangsally85]

Argument

Law states u don't stop when crossing is prohibited. No crosswalk, no entrance/exit perpendicular to the direction of travel on the opposite side of the highway either

 

[Mustangsally85]

Basis

The bus was unloading passengers. In an area in which it would be illogical if not illegal for crossing four lanes of traffic in the opposite direction of offload point.