School Bus Off The Road

[adjusterjack]

Where, exactly, is "10' off the road"? It's hard to tell where the road ends and the shoulder begins.

But for the moment, let's assume that the bus stopped close to the utility pole.

(b)(1) doesn't apply because it's not on a different roadway.

For (2)(A) and (B) to allow the motorist to continue, BOTH must apply and, at street view, I don't see any signs prohibiting pedestrians from crossing the roadway even if the area where the bus was parked could be considered a loading zone.

(b) An operator on a highway having separate roadways is not required to stop:
(1) for a school bus that is on a different roadway;  or
(2) if on a controlled-access highway, for a school bus that is stopped:
(A) in a loading zone that is a part of or adjacent to the highway;  and
(B) where pedestrians are not permitted to cross the roadway.

 

[LdiJ]

OP said that the bus was stopped in the daycare parking lot.

 

[FlyingRon]

OP said that the bus was stopped in the daycare parking lot.

But he also said it was only separated from the road by a white line.

 

[justalayman]

If one goes to street view the issue becomes somewhat clearer. I do not believe the bus could actually pull into the parking lot. The road does widen at that area but if one looks at the location of street signs and power poles you will see that there is not only not 10 feet beyond the road easement (which the road signs are surely within) but if you were outside of what is obviously within the right of way, you would run into the sign for the business if you drove lengthwise through the parking lot.

If one pays attention to where the white lane edge marker (lane marker, not edge of road marker just to be clear), i question whether bus could even get 10 feet beyond that lane marker.
I don’t think the op has much defense here. I have no doubt it is not the best of situations but I don’t think the op can make the argument the bus didn’t remain on the road. Maybe part of the bus might be considered to be off the road (the right side) but I don’t think it is possible the entire bus could leave the technically described roadway even if they actually left the marked driving lane.

 

[PayrollHRGuy]

Looking at the Streetview I'd say the line where what looks like water (on the building side of the white line) would be considered the parking lot of the daycare. The area just South of the white line seems to be traveled roadway for right turns.

 

[MTaco]

There is actually a downgrade away from the road and then it flattens (where the dark lines are) and then its uphill toward the buildings. I think the street view creates an optical illusion because the downgrade gets forshortened so badly. Check the satellite images there is 30 ft between the white line and the utility poles. I'm not trying to fudge the info, that wouldn't get me anywhere. So the bus may not have been stopped in the parking lot but it was certainly not on the roadway if it wasn't at least partially in the white lines, right? https://goo.gl/maps/9y4LsLjXHmSVjxuo9

 

[FlyingRon]

I think we're still talking about what fits the definition of the "shoulder" which is part of the "highway" under the code.
If they wanted to count only the parts of the travel lanes, they would have said roadway instead.

 

[MTaco]

Thanks FlyingRon! and everyone else who gave of their time to help, much appreciated!