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School Bus Accidents - Do You Know The Rules For Driving When School Buses Are Present?

August 19, 2014 | Category: Automobile Accidents | Share

School Bus Accidents - Spivey Law Firm, Personal Injury Attorneys, P.A.The American School Bus Council says that "School buses are designed to be safer than passenger vehicles in avoiding crashes and preventing injury." They have flashing red lights, cross-view mirrors, reinforced sides, bright color, and stop sign arms (NHTSA). In 2008 the NHTSA announced a rule change to FMVSS 222 which now requires new school buses of 10 thousand pounds or less to have lap-shoulder belts in lieu of lap belts which are currently required.  Further, the rule requires increasing the height of seat backs form 20 inches to 24 inches. 

All the safety measures in the world cannot protect students on school buses if drivers do not follow their state's driving laws as they pertain to driving around school buses. For your convenience here is a summary of Florida's school bus stop law requirements:

  • Florida Motor Vehicles Laws require that motorists stop upon approaching any school bus which displays its flashing red lights and has its stop signs extended. 
  • Interested parties should refer to sections 316.172, 318.18, 318.19, and 322.0261, Florida Statutes (FS), for the specific language in the law. Florida Statutes can be found at http://www.leg.state.fl.us/. 
  • Section 316.172, FS provides that:
    • Drivers who pass a school bus illegally on the left side commit a moving violation, punishable under Chapter 318, FS.
    • Drivers who pass a school bus illegally on the right side where students enter or exit the bus commit a moving violation, punishable under Chapter 318, FS and are subject to a mandatory hearing. 
  • Amount of penalties (Section 318.18, FS):
    • Left hand pass: 

1st offense: $165
2nd or subsequent offense (within 5 years): $165 plus license suspension for 90 days to 6 months.

    • Right hand pass: 

1st offense: $265
2nd or subsequent offense (within 5 years): $265, license suspension for 180 days to one year, plus a mandatory hearing. 

  • Driver improvement course (Section 322.0261, FS):
    • The offender must, in addition to other applicable penalties, attend a DHSMV-approved driver improvement course. If the operator fails to complete the course within 90 days after receiving notice, his or her driver license will be canceled until the course is successfully completed. 
  • For any violation of Section 316.72, FS, 4 points assessed against driver license (Section 322.27, FS):

Points:

Within:

License Suspension, up to:

12

1 year

30 days

18

18 months

90 days

24

3 years

1 year

 

"Being alert for school buses and knowing the Florida school bus law will help prevent school bus accidents. It is a privilege to drive and with this privilege comes responsibility. Let us all pledge to follow Florida's bus law and reduce the possibility of school bus crashes," says Florida Accident Attorney, Randall Spivey of Spivey Law Firm, Personal Injury Attorneys, P.A.

 

Florida Child Injuries Attorney, Randall L. Spivey is a Board Certified Civil Trial Attorney – the highest recognition for competence bestowed by the Florida Bar and a distinction earned by less than 2 percent of Florida attorneys. He has handled over 1,500 personal injury and wrongful death cases throughout Florida. For a free and confidential consultation to discuss your legal rights, contact the Spivey Law Firm, Personal Injury Attorneys, P.A., in Lee County at  239. 337.7483 or toll free at 1.888.477.4839, or by email to Randall@SpiveyLaw.com.  Visit SpiveyLaw.com  for more information. You can contact Spivey Law Firm, Personal Injury Attorneys, P.A. in Charlotte County at 941.764.7748 and in Collier County 239.793.7748.

 

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