What is Passing a School Bus Which is Loading or Unloading?
Passing of a school bus which is loading or unloading is defined at 625 ILCS 5/11-1414(a). This statute prohibits the passing of a school bus when:
a) a school bus is stopped at any location to let passengers off or on the bus; and
b) the bus's stop sign is extended pursuant to 625 ILCS 5/12-803; and
c) the bus's flashing light signal system is activated pursuant to 625 ILCS 5/12-805.
A driver is not allowed to resume driving and pass a stopped school bus until either:
a) the bus resumes motion; or
b) the bus driver signals for vehicles to proceed.
What if a roadway has multiple lanes in each direction?
If a roadway has four (4) lanes of traffic, with at least two (2) lanes of traffic to travel in the opposite direction, vehicles traveling in the opposite direction of the stopped school bus are not required to stop for a stopped school bus. 625 ILCS 5/11-1414(e)
What are the Penalties for Passing a School Bus Which is Loading or Unloading?
Passing a school bus which is loading or unloading is a petty offense.
Can I get Court Supervision?
No, court supervision is not an available sentence pursuant to 730 ILCS 5/5-6-1. If you plead guilty or are found guilty of this offense, you can receive up to six (6) months of conditional discharge or probation. 730 ILCS 5/4.5-75
Could I be sentenced to jail?
No, a petty offense is not punishable by jail time.
Will my License be Suspended or Revoked?
Yes, a first conviction for a violation of this offense carries a mandatory 3-month suspension of driving privileges. A second or subsequent conviction for a violation of this offense within 5 years of a prior conviction for this offense carries a mandatory 1-year suspension of driving privileges. 625 ILCS 5/11-1414(f)
If a violation of this offense results in a motor vehicle crash that causes death, and the violation is a proximate cause of death, the driver's license shall be revoked. 625 ILCS 5/6-205(a)(19)
Can I drive during the suspension?
If you obtain a Restricted Driving Permit (RDP) from the secretary of state, you may drive for limited purposes during your suspension, such as driving to work, doctor's appointments, child care, and education. 625 ILCS 5/11-1414(f)
How Much Could I be Fined?
A first violation of this offense carries a mandatory fine between three hundred dollars ($300). A second or subsequent violation carries a mandatory fine of one thousand dollars ($1,000). 625 ILCS 5/11-907(d). You may also be assessed court costs in addition to any fine.
Collateral Consequences of a Passing a School Bus Which is Loading or Unloading
In addition to any criminal penalties, you should consider several other factors:
Commercial Driver's License (CDL)- If you have a Commercial Drivers License (CDL), a traffic ticket could lead to suspension or revocation of your CDL privileges.
Insurance- Your insurance company may consider your traffic offense and driving history when assessing your insurance rates.
What if someone else is driving my car and is caught on camera passing a stopped school bus?
If your vehicle was caught passing a stopped school bus, law enforcement officers may request the registered owner of the vehicle to identify who was the driver of the vehicle. If the registered owner fails to supply the name of the driver of the vehicle, the registration of that vehicle shall be suspended for three (3) months. 625 ILCS 5/11-1414(f)
Closing Thoughts
Every case is unique. It is essential to consult with an attorney who can help you determine your best options moving forward. An attorney can review the facts of your case and the evidence against you to help determine the best course of action for you and your case.
If you have received a traffic ticket, we can help. Our firm has defended traffic tickets in the Chicagoland area for over 30 years. Call our office for a free consultation if you have received a ticket in DuPage, Cook, Lake, Kane, Will, or Kendall County.