NHTSA Releases Report on Nationwide Illegal School Bus Passing Laws

November 20, 2024

The National Highway Traffic Safety Administration (NHTSA) released a 190-page report that reviews laws across the U.S. detailing motorist requirements when passing stopped school buses.

State Laws on School Bus Passing was released as a Congress directive to NHTSA as part of the Infrastructure Investment and Jobs Act and researched laws in all 50 states, the District of Columbia, Guam, Puerto Rico and the U.S. Virgin Islands. This followed results earlier this year from the annual National Association of State Directors of Pupil Transportation Services (NASDPTS) illegal passing survey, which estimated over 43.5 million illegal school bus passes occurred during the 2022-2023 school year, prompting further review of state laws.

“Illegal passings of stopped school buses loading and unloading students in violation of these laws are frequent and can lead to serious pedestrian-involved crashes resulting in injury or death,” the report states.

The findings of the report included variability in state laws regarding illegal passing, different penalties for offenders, challenges in enforcement, as well as best practices and recommendations.

The report also detailed the history of illegal passing related legislation, which dates back 90 years. A section of the Uniform Vehicle Code was added in 1934 that required motorists to slow to “a speed which is reasonable and prudent … and in no event in excess of 10 miles per hour” when passing a stopped school bus. That law was modified several times and resulted in today’s general nationwide requirement across all states that flashing yellow or amber lights signals motorists of an upcoming stop while flashing red lights and an extended stop arm indicate that motorists make a full stop and remain stopped until the red lights cease and the stop arm folds and returns to the side of the bus.

NHTSA stated that recent changes in various state laws about whether motorists should stop for a school bus on the other side of a divided highway can cause issues. “Unfortunately, the lack of clarity and consistency in the presentation of these laws, particularly the provisions related to divided highways and the need to stop for a school bus on school property can be confusing,” the report stated.

Following research of state laws, NHTSA said it found that all U.S. jurisdictions “require a motorist to stop while overtaking from behind a stopped school bus regardless of the road type (undivided or divided).” The differing requirements were in cases where a motorist is approaching the stopped school bus from the front, with 42 states requiring motorists should also stop if approaching from the front on an undivided highway. Some states require a stop only if the undivided highway has a certain number of lanes, which continues to add to the lack of clarity and cohesiveness between states.

The effectiveness of illegal passing laws is discussed in depth in the NHTSA’s Reducing the Illegal Passing of School Buses: Best Practices Guide, which was referenced multiple times in the report. Findings from that guide included permitting citizen reports of violations, although this could lead to inaccurate reporting. Illegal passing incidents can be difficult to track for other reasons, including a lack of police presence in high violation areas, insufficient evidence, and issues with camera placement and operating.

Only 24 states or territories currently allow the use of cameras to enforce illegal passing, and of those 24 there are varying criteria about whether the driver’s face must be identifiable in the violation footage.

“While it is theoretically possible a wide variety of laws in a given state could impact stop-arm camera effectiveness, this study did not identify any documented evidence that other laws (i.e., statutes/legal code outside the VTL (Vehicle Traffic Law) pertaining directly to passing of stopped school buses) were impacting stop-arm camera effectiveness,” stated the report. “As the installation of stop-arm camera systems increases across the country, this situation could change.”

There are also differences regarding if a law enforcement officer must witness the violation, whether in person or via review of video footage. Many states were unclear whether direct law enforcement confirmation was required, while others permitted student transportation professionals or software technicians to witnesses. Only 24 state laws specify that a private citizen such as a school bus driver can be a suitable witness to a violation, resulting in enforcement.

Reiterating the importance of clear and unanimous requirements was the recurring theme of the report. “The lack of clarity in drafting the passing law provisions themselves, further compromises the ability of anyone, particularly the typical motorist, to understand these legal requirements,” NHTSA states.

Penalties for motorists convicted of illegally passing a school bus are also widely variable and are not always mandatory. In some states, the report notes, it is up to judicial distraction if the motorist will be penalized. The penalties can range from fines to misdemeanor charges, community service to driver improvement courses, license suspension to jail time. In some states, the violation could also be escalated to a felony if the incident results in serious injury or death. The report says that 26 jurisdictions have increased fines for illegal passing violations. Again, it was noted that there are specific regulations in each state that vary based on repeat violations, injuries, or worse.

NHTSA provided an individual report on each of the 54 U.S. jurisdictions that outlined what constitutes an illegal passing, how a violation can be reported and enforced and possible penalties for the motorists.

“As with many parts of the legal code, finding ways to standardize language and requirements across States could be beneficial to improve motorist understanding and possibly compliance with laws surrounding illegal passing of stopped school buses,” the report recommends.

The NHTSA guide looked at data from different states and territories, and it found that addressing illegal passing needs to be a “two-pronged” effort which brings together education of drivers, students and motorists along with effective, consistent enforcement of laws.

The NHTSA guide was encouraged as a resource that outlines program ideas to reduce illegal passing incidents, including strategies such as educational programs, high visibility enforcement and frequent, ongoing evaluations & research to find if current practices are “actually effective for reducing illegal passing of stopped school buses and the best methods to implement such programs.”