What does Maryland law say about passing a school bus on a divided multi-lane highway?

Question from ⅚, What does Maryland law say about passing a school bus on a divided multi-lane highway?

Answer from AI:

Maryland Law on Passing a School Bus

In Maryland, the law regarding passing a school bus is very strict to ensure the safety of children. According to Maryland Transportation Code § 21-706, drivers must stop for a school bus that is stopped with its flashing red lights activated and stop arm extended. This applies to all lanes of traffic, regardless of the direction of travel, unless the highway is divided.

Divided Highway Exception

A divided highway is defined as a road with a physical barrier or unpaved area separating the lanes of traffic moving in opposite directions. On such highways, drivers traveling in the opposite direction of the stopped school bus are not required to stop. However, drivers traveling in the same direction as the bus must still stop.

Possible Defenses to Dispute a Citation

If you are cited for illegally passing a school bus, there are several potential defenses you might consider:

1. Divided Highway Defense: If the highway was indeed divided by a physical barrier or unpaved area, and you were traveling in the opposite direction of the bus, you may argue that you were not required to stop.
2. Improper Signaling: If the school bus did not have its red lights flashing or stop arm extended, you might argue that you were not given the proper signal to stop.
3. Insufficient Evidence: If there is a lack of clear evidence, such as video footage or reliable witness testimony, you might challenge the citation based on insufficient proof.
4. Emergency Situations: In rare cases, if you can prove that you were responding to an emergency and had no reasonable alternative, this might be considered a valid defense.

Steps to Take if Cited

If you receive a citation for passing a school bus, consider the following steps:

• Review the Citation: Carefully read the citation to understand the specific charge and the details of the alleged offense.
• Gather Evidence: Collect any evidence that supports your defense, such as photographs of the highway, witness statements, or video footage.
• Consult a Legal Professional: Given the seriousness of the offense and potential penalties, it is advisable to consult with a traffic attorney who can provide personalized legal advice.
• Attend Court: If you decide to contest the citation, make sure to attend your court date and present your defense clearly and respectfully.

Penalties for Violating School Bus Laws

Violating school bus laws in Maryland can result in significant penalties, including:

• Fines: Fines can be substantial, often ranging from $250 to $1,000.
• Points on License: A conviction can add points to your driving record, which may lead to increased insurance rates and potential license suspension.
• Community Service: In some cases, the court may impose community service as part of the penalty.

Additional Resources

For more detailed information, you can refer to the [Maryland Transportation Code § 21-706](https://law.justia.com/codes/maryland/2013/article-gtr/section-21-706/) and other relevant traffic laws. Always consider consulting with a legal professional for personalized advice tailored to your specific situation.