Student Struck by Illegally Passing Vehicle

Legislation Needed Now!

ALBANY, NY (02/16/2013)(readMedia)-- The New York Association for Pupil Transportation deplores the fact that, on February 13, 2013, a five-year-old boy in New Hempstead, NY, was struck by a car that passed his school bus which had stopped while he crossed the road to board it.

The motorist was issued a summons for passing the school bus while its red lights were flashing, indicating that all vehicles should come to a complete stop and not pass the bus.

This is further evidence of the serious need to take legislative action to strengthen and enforce the laws we have on record to protect our children from the harm that can be inflicted by illegally passing motorists. NYAPT estimates that there are some 50,000 illegal passes each and every day of the school year, exposing our children to injury and death.

NYAPT has a long history of advocating for tougher laws related to the practice of "illegal passing" of school buses by motorists who don't take the time or caution to stop for the red flashing lights. Our annual OPERATION SAFE STOP (April 18, 2013) has called attention to this problem since 1993 and we appreciate our partnership with local and state police agencies for that effort. Fortunately, we have not had any related fatalities in several years and we are fortunate that this incident did not result in serious injuries or the death of this child.

The bottom line is that motorists need to pay closer attention to their movements near and around school buses and must obey Section 1174 of the Vehicle and Traffic Law which prohibits passing a stopped school bus that has its red lights flashing. Not only is it a matter of safety for our children but it also involves stiff fines, points on the license, and potential imprisonment for motorists who are convicted of violating this law.

NYAPT is advocating for a package of legislation that would help to address this continuing and on-going safety hazard that is unique in that it affects the children who ride on yellow school buses. Specifically, we are advocating for legislation that achieves the following:

  • Allowing school buses to be equipped with cameras that can capture an image of a passing vehicle and then be used in the prosecution of violators of the illegal passing law;
  • Facilitating the steps for a school bus driver to file an affidavit related to observing a motorist illegally pass their stopped school bus;
  • Making it a crime of aggravated assault when a motorist who has illegally passed a stopped school bus injures another person;
  • Making it a crime of vehicular homicide when a motorist who has illegally passed a stopped school bus kills another person;
  • Providing that a motorist who illegally passes a stopped school bus more than once may have his or her license suspended for longer periods with each conviction;
  • Creating an education and enforcement program fund from funds set-aside from the fines collected from convictions of illegal passing.

Our thoughts go with this young boy and his family and fellow students for their trauma and we urge our State Legislature and the Governor to enact legislation as we have outlined above. We are aware of and support several bills already introduced into the Legislature that would accomplish many of these objectives and we will actively seek their enactment.

The safety of the children who ride our school buses to and from school each day is the highest priority for the pupil transportation profession. For further information, please contact Peter Mannella, Executive Director at 518-463-4937 (O), 518-588-3924 (C), or via email at peter@nyapt.org.