H.B. 20

1

CITATION PROCEDURE
2 1997 GENERAL SESSION
3 STATE OF UTAH
4 Sponsor: Neal B. Hendrickson
5 AN ACT RELATING TO MOTOR VEHICLES; ESTABLISHING PROCEDURES FOR
6 h [SCHOOL BUS OPERATORS TO SUBMIT COMPLAINTS FOR ] VIOLATIONS OF h
6a PASSING SCHOOL
7 BUSES; AND PROVIDING PENALTIES.
8 This act affects sections of Utah Code Annotated 1953 as follows:
9 AMENDS:
10 41-6-100.10, as last amended by Chapter 135, Laws of Utah 1987
11 h [ENACTS:
12 41-6-100.15, Utah Code Annotated 1953 ] h
13 Be it enacted by the Legislature of the state of Utah:
14 Section 1. Section 41-6-100.10 is amended to read:
15 41-6-100.10. School bus -- Signs and light signals -- Flashing amber lights -- Flashing
16 red lights -- Passing school bus -- Duty to stop -- Travel in opposite direction.
17 (1) (a) Every school bus, when operated for the transportation of school children, shall
18 bear upon the front and rear of the bus a plainly visible sign containing the words "school bus" in
19 letters not less than eight inches in height, which shall be removed or covered when the vehicle
20 is not in use for the transportation of school children.
21 (b) Every school bus, when operated for the transportation of school children, shall be
22 equipped with alternating flashing amber and red light signals visible from the front and rear, of
23 a type approved and mounted as prescribed by the department.
24 (2) The operator of any vehicle upon a highway, upon meeting or overtaking any school
25 bus equipped with signals required under this section which is displaying alternating flashing
26 amber warning light signals, shall slow his vehicle, but may proceed past the school bus using due
27 care and caution at a speed not greater than specified in Subsection 41-6-46 (2) for school zones

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1 for the safety of the school children that may be in the vicinity.
2 (3) If a school bus is displaying alternating flashing red light signals visible from the front
3 or rear, all approaching or overtaking vehicles on the same roadway shall stop immediately before
4 reaching the bus and may not proceed until the flashing red light signals cease operation. The
5 operator of a vehicle need not stop upon meeting or passing a school bus traveling in the opposite
6 direction when:
7 (a) traveling upon a divided highway;
8 (b) the bus is stopped at an intersection or other place controlled by an official
9 traffic-control device or peace officer; or
10 (c) upon a highway of five or more lanes, which may include a left-turn lane or two-way
11 left turn lane.
12 [(3)] (4) (a) The operator of a school bus shall operate alternating flashing red light signals
13 at all times when children are unloading from a school bus to cross a highway, or when a school
14 bus is stopped for the purpose of loading children who must cross a highway to board the bus, or
15 at any other time when it would be hazardous for vehicles to proceed past the stopped school bus.
16 (b) The alternating flashing red light signals may not be operated except when the school
17 bus is stopped for loading or unloading school children or for any emergency purpose.
18 (5) (a) A violation of Subsection (2) or (3) is a class C misdemeanor and the minimum fine
19 shall be:
20 (i) h [$50 ] $100 h for a first offense;
21 (ii) h [$100 ] $200 h for a second offense within three years of a previous conviction or
21a bail forfeiture;
22 and
23 (iii) h [$200 ] $500 h for a third and subsequent offense within three years of a previous
23a conviction
24 or bail forfeiture.
25 (b) The court may order the person to perform community service in lieu of the fine or any
26 portion of the fine if the court makes the reasons for the waiver part of the record.
27 (6) The Driver License Division shall develop and implement a record system to
28 distinguish:
29 (a) a conviction or bail forfeiture under this section from other convictions; and
30 (b) between a first and subsequent conviction or bail forfeiture under this section.
31 h [Section 2. Section 41-6-100.15 is enacted to read: ] h

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1 h [41-6-100.15. Passing a school bus complaint procedure.
2 (1) An operator of a school bus who observes a violation of Subsection 41-6-100.10(2) or
3 (3), shall deliver a written report to the school bus operator's supervisor no more than 24 hours
4 after the alleged violation occurred. The written report shall contain:
5 (a) the date, time, and location of the violation;
6 (b) the license plate number and description of the offending vehicle;
7 (c) as much as practical, a description of the operator of the offending vehicle;
8 (d) a description of the incident involving the violation;
9 (e) information on how to contact the school bus operator who witnessed the offense; and
10 (f) the signature of the operator of the school bus who witnessed the offense attesting to
11 the accuracy of the complaint.
12 (2) Upon receipt of a written report in accordance with Subsection (1), the school bus
13 operator's supervisor shall file the written report no more than 72 hours after the alleged
13a violation
14 occurred with the local law enforcement agency that has jurisdiction for the alleged violation.
15 (3) (a) A law enforcement agency that receives a written report in accordance with
16 Subsection (2) shall, no more than seven days after receiving a written report of an alleged
17 violation of Subsection 41-6-100.10(2) or (3), have a peace officer initiate an investigation of the
18 reported violation.
19 (b) The peace officer shall contact the registered owner of the motor vehicle involved in
20 the reported violation and request that the owner supply information identifying the driver if the
21 registered owner claims that the owner was not the driver at the time the alleged violation
22 occurred.
23 (c) If, from the investigation, the peace officer is able to identify the driver and has
24 reasonable cause to believe that a violation of Subsection 41-6-100.10(2) or (3) has occurred, the
25 peace officer shall prepare a traffic citation for the violation and shall serve it personally or by
26 certified mail to the driver of the vehicle. ] h

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Legislative Review Note
as of 11-26-96 12:38 PM

A limited legal review of this bill raises no obvious constitutional or statutory concerns.

Office of Legislative Research and General Counsel

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