2006 Code of Virginia § 46.2-844 - Passing stopped school buses; penalty; prima facie evidence

46.2-844. Passing stopped school buses; penalty; prima facie evidence.

The driver of a motor vehicle approaching from any direction a clearly markedschool bus which is stopped on any highway, private road or school drivewayfor the purpose of taking on or discharging children, the elderly, ormentally or physically handicapped persons, who, in violation of 46.2-859,fails to stop and remain stopped until all such persons are clear of thehighway, private road or school driveway, is subject to a civil penalty of$250 and any prosecution shall be instituted and conducted in the same manneras prosecutions for traffic infractions.

A prosecution or proceeding under 46.2-859 is a bar to a prosecution orproceeding under this section for the same act and a prosecution orproceeding under this section is a bar to a prosecution or proceeding under 46.2-859 for the same act.

In any prosecution for which a summons charging a violation of this sectionwas issued within ten days of the alleged violation, proof that the motorvehicle described in the summons was operated in violation of this section,together with proof that the defendant was at the time of such violation theregistered owner of the vehicle, as required by Chapter 6 ( 46.2-600 etseq.) of this title shall give rise to a rebuttable presumption that theregistered owner of the vehicle was the person who operated the vehicle atthe place where, and for the time during which, the violation occurred.

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.

(1985, c. 511, 46.1-212.1; 1987, c. 106; 1989, c. 727; 1997, cc. 622, 800,908; 2001, c. 126; 2002, c. 541.)