hb 0219

CHAPTER 132

HB 219 - FINAL VERSION

AN ACT relative to the rules of the road involving school buses.

SPONSORS: Rep. Sullivan, Carr 2; Rep. McRae, Hills 7; Sen. Johnson, Dist 3

I. Adds overtaking and passing a school bus to the offenses included within the definition of "habitual offender."

II. Increases the penalties which may be imposed for overtaking and passing a school bus.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

AN ACT relative to the rules of the road involving school buses.

Be it Enacted by the Senate and House of Representatives in General Court convened:

132:1 Motor Vehicles; Words and Phrases Defined; Habitual Offender; Overtaking and Passing School Bus Added. Amend RSA 259:39, I(p) to read as follows:

132:2 Motor Vehicles; Rules of the Road; Buses; Overtaking and Passing School Bus. Amend RSA 265:54 to read as follows:

I. The driver of a vehicle upon a way upon meeting or overtaking from either direction any school bus, plainly marked with school bus signs or such other distinguishing identification as the director may require, which has stopped on the highway for the purpose of receiving or discharging school children shall stop his or her vehicle before reaching such school bus at least 25 feet away from such school bus. The driver shall not proceed until such school bus resumes motion, or until flashing red lights cease to operate.

I-a. Testimony under oath from the school bus driver or other witness that a vehicle failed to stop and remain stopped as required by paragraph I shall be sufficient evidence to prove that the owner of the vehicle was driving and has violated the provisions of paragraph I, unless such evidence is rebutted or contradicted.

I-b. Except as provided in paragraph IV, a person who violates the provisions of paragraph I shall be guilty of a violation and shall be fined not less than $100 nor more than [~~$250~~] $750 for a first offense, and shall be fined not less than [~~$200~~] $250 nor more than [~~$500~~] $1,000 for a subsequent offense [~~within a 12-month period~~]. In addition, the director may suspend the person's license to drive or nonresident driving privilege for a period of 30 days for a second or subsequent offense.

II. Whenever road conditions and space permit and whenever the number of vehicles following a moving school bus is 5 or more, the driver of the school bus shall pull over and let the following vehicles pass. A driver passing the school bus must do so without driving any part of his vehicle to the left of or across any unbroken painted line marked on the highway.

III. The driver of a vehicle upon a divided highway with separate roadways need not stop when meeting or passing a school bus which is traveling in the opposite direction on the other half of the divided highway, or when upon a controlled access highway if a school bus is stopped in a loading zone which is part of or adjacent to such highway and pedestrians are not permitted to cross the roadway.

IV. Except as provided in paragraph III, no driver of a vehicle who is required to stop his or her vehicle in accordance with paragraph I shall overtake and pass a school bus on the right. A person who violates the provisions of this paragraph shall be guilty of a violation and shall be fined not less than $500 nor more than $1,200. In addition, the director shall suspend the person's license to drive or nonresident driving privilege for a period of up to 30 days for a first offense. The director shall suspend the person's license to drive or nonresident driving privilege for a period of 30 days for a second offense, and for a period of not less than 30 days nor more than 120 days for a third or subsequent offense.