Citations for Unlawful Passing of a School Bus on Georgia Roads

Official Code of Georgia 40-6-163 states “the driver of a vehicle meeting or overtaking from either direction any school bus stopped on the highway shall stop before reaching such school bus when there are in operation on the school bus the visual signals as specified in Code Sections 40-8-111 and 40-8-115, and such driver shall not proceed until the school bus resumes motion or the visual signals are no longer actuated.” This means that a driver on any road must stop when the buses red lights turn on, and the stop sign and bar are extended. Passing a school bus from either direction after these things have occurred is a serious violation under the Georgia Uniform Rules of the Road.

There is an exception to stopping when coming from the other direction the bus is facing when a grass median, unpaved area, or other barrier separates the roadway. A turning lane or other paved roadway area that separates a road is not part of the exception. If a center turning lane exists, you must stop from each direction. This exception does not apply to drivers on the same side of the road as the school bus. Once stopped, drivers cannot continue until all illuminated lights and signs have ended and the bus continues moving.

There are two types of penalties for passing a school bus, civil and criminal. A civil penalty will usually be mailed to a driver when the bus driver or a buses camera catches a driver passing the bus. This civil penalty is a fine, starting at $1,000. This civil penalty does not go on your driving history, carry any points, or get reported to insurance for first offenders, but if you are found to have violated the code section a second time, it can be reported to your insurance carrier. Failure to pay or contest a mailed citation can cause issues with your vehicle’s registration when it is due to be renewed.

If you are caught by a police officer passing a school bus while it is loading or unloading, you can be given a criminal citation. Criminal violations of this statute are six point offenses which often involve minimum $1,000 fines along with being reported on your driving history and putting six points on your drivers license.

Once charged with one of these violations, there is often video evidence, either from the school bus itself or the officer who cited you. It is important to evaluate that evidence because there are defenses to this violation based on the buses equipment, road conditions, and other factors.

I commonly see these cases in the City of Atlanta Municipal Court, Smyrna Municipal Court, Cobb County State Court, Sandy Springs Municipal Court, Roswell Municipal Court, and Marietta Municipal Court. Please feel free to contact me with any questions regarding the unlawful passing of a school bus.