2006 Code of Virginia § 46.2-859 - Passing a stopped school bus; prima facie evidence

46.2-859. Passing a stopped school bus; prima facie evidence.

A person is guilty of reckless driving who fails to stop, when approachingfrom any direction, any school bus which is stopped on any highway, privateroad or school driveway for the purpose of taking on or discharging children,the elderly, or mentally or physically handicapped persons, and to remainstopped until all the persons are clear of the highway, private road orschool driveway and the bus is put in motion. The driver of a vehicle,however, need not stop when approaching a school bus if the school bus isstopped on the other roadway of a divided highway, on an access road, or on adriveway when the other roadway, access road, or driveway is separated fromthe roadway on which he is driving by a physical barrier or an unpaved area.The driver of a vehicle also need not stop when approaching a school buswhich is loading or discharging passengers from or onto property immediatelyadjacent to a school if the driver is directed by a law-enforcement officeror other duly authorized uniformed school crossing guard to pass the schoolbus. This section shall apply to school buses which are equipped with warningdevices prescribed in 46.2-1090 and are painted yellow with the words"School Bus" in black letters at least eight inches high on the front andrear thereof. Only school buses which are painted yellow and equipped withthe required lettering and warning devices shall be identified as schoolbuses.

The testimony of the school bus driver, the supervisor of school buses or alaw-enforcement officer that the vehicle was yellow, conspicuously marked asa school bus, and equipped with warning devices as prescribed in 46.2-1090is prima facie evidence that the vehicle is a school bus.

(Code 1950, 46-209, 46-209.1; 1950, p. 880; 1952, c. 671; 1954, cc. 225,401, 458; 1958, c. 541, 46.1-190; 1960, c. 510; 1964, c. 266; 1966, c. 694;1968, c. 575; 1970, c. 521; 1974, cc. 222, 455; 1975, c. 633; 1978, c. 27;1979, c. 86; 1981, cc. 333, 585; 1985, c. 148; 1989, c. 727; 2001, c. 126;2002, c. 541.)