First Substitute 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 SCHOOL BUS OPERATORS TO SUBMIT COMPLAINTS FOR 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 ENACTS:
12 41-6-100.15, Utah Code Annotated 1953
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

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) $100 for a first offense;
21 (ii) $200 for a second offense within three years of a previous conviction or bail forfeiture;
22 and
23 (iii) $500 for a third and subsequent offense within three years of a previous 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 Section 2. Section 41-6-100.15 is enacted to read:

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1 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), may prepare a written report to the school district transportation coordinator no more than two
4 working days 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 state 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 report.
12 (2) (a) Upon receipt of a written report in accordance with Subsection (1), the school
13 district transportation coordinator shall promptly mail a notification letter to the last known
14 registered owner of the vehicle.
15 (b) The notification letter shall include:
16 (i) the applicable information on the school bus operator's report stating that the vehicle
17 was observed passing a school bus displaying alternating flashing red lights in violation of state
18 law;
19 (ii) a complete explanation of the applicable provisions of Section 41-6-100.10; and
20 (iii) an explanation that the notification letter is not a peace officer citation but is an effort
21 to call attention to the seriousness of the incident.
22 (c) The school district transportation coordinator may file the written report with the local
23 law enforcement agency that has jurisdiction for the alleged violation.
24 (3) A law enforcement agency that receives a written report in accordance with Subsection
25 (2) may have a peace officer initiate an investigation of the reported violation.

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