Stop Arm Violations in Minnesota: What Drivers Need to Know
By Sullivan Rice
A school bus stop-arm violation can happen in a matter of seconds. A driver may be distracted, confused by traffic, or simply fail to see that a school bus has extended its stop arm. But what seems like a minor traffic mistake can result in a criminal charge in Minnesota.
Minnesota law takes school bus safety seriously, and drivers have specific legal obligations when approaching a stopped school bus.
When Are Drivers Required to Stop?
Under Minnesota Statutes section 169.444, when a school bus is stopped and displaying its extended stop-signal arm and flashing red lights, approaching drivers must stop at least 20 feet away from the bus. The driver must remain stopped until the stop arm is retracted and the flashing red lights are no longer operating.
Minnesota law also prohibits drivers from passing or attempting to pass a school bus on the passenger-door side when the bus is displaying its required warning signals.
There is an important exception involving separated roadways. A driver generally does not have to stop for a school bus traveling on a different roadway when the roadways are separated by a physical barrier or certain types of medians.
What Are the Penalties?
A violation can be more serious than many drivers realize.
Under Minnesota law, failing to stop or violating the passenger-side passing prohibition can result in a misdemeanor carrying a minimum $500 fine. The offense can become a gross misdemeanor when certain circumstances are present, including passing the bus on the passenger side or passing while a school child is outside the bus and on the roadway or adjacent sidewalk.
Minnesota law also allows a peace officer to arrest a driver when there is probable cause to believe a school bus violation occurred within the previous four hours.
What If You Were Not the Driver?
Minnesota law can also create consequences for the vehicle's owner or lessee. In certain circumstances, the owner or lessee can face a petty misdemeanor when the vehicle was operated in violation of the school bus law. However, the owner generally cannot be fined under that provision if another person is convicted for the violation or if the vehicle had been stolen.
What Should You Do If You Receive a Stop-Arm Violation?
A citation is not necessarily the end of the story. The circumstances surrounding the alleged violation matter.
Questions can include:
Was the bus actually displaying the required signals?
Where was the vehicle in relation to the bus?
Was the roadway separated by a median or barrier?
Could the driver actually see the stop arm and flashing lights?
Was there confusion caused by traffic or road conditions?
Who was actually driving the vehicle?
What evidence exists beyond a driver's or officer's observation?
If you have been accused of a school bus stop-arm violation, it is important to understand exactly what the state must prove before simply paying the ticket or pleading guilty.
Jack Rice Defense represents clients facing criminal charges and traffic-related offenses in Minnesota. If you are facing a stop-arm violation, an attorney can review the specific facts and determine what defenses or legal options may be available.
