The diagram above gives a visual on what situations the school bus is in and when a driver must stop. Many people think that because there is a left turn lane they do not have to stop however this is not true. Read Sec 545.066 (f) (2).
Fines for passing a school bus begin with 1st offense at not less than $500 fine. The 2nd offense is a mandatory $1200
Another law commonly overlooked is using a wireless communication device in school crossing zone or using a cell phone in school zone. Sec 545.425 of the Transportation Code (Listed Below) prohibits the use of a cell phone in a school zone unless the vehicle is stopped or by use of a wireless device.
An additional section of law many may not be aware of in the transportation code 525.4252 (see below) drivers cannot use a cell phone on school property. For example when picking up or dropping off kids and you are not driving on a public roadway but you on the school property it is against the law to be on you cell phone while on the property unless you are stopped or you are operating a wireless device. The Early Police Department wants everyone to have an enjoyable experience at school both student and parents but the safety of the kids comes 1st. The Early Police Department takes a strong approach to the laws protecting the students while going to school therefore we want to help educate all the public on the laws so they will be aware and comply with the laws for the safety of the kids.
Transportation Code 545.066 states Sec. 545.066. PASSING A SCHOOL BUS; OFFENSE.
(a) An operator on a highway, when approaching from either direction a school bus stopped on the highway to receive or discharge a student:
(1) shall stop before reaching the school bus when the bus is operating a visual signal as required by Section 547.701; and
(2) may not proceed until:
(A) the school bus resumes motion;
(B) the operator is signaled by the bus driver to proceed; or
(C) the visual signal is no longer actuated.
(b) An operator on a highway having separate roadways is not required to stop:
(1) for a school bus that is on a different roadway; or
(2) if on a controlled-access highway, for a school bus that is stopped:
(A) in a loading zone that is a part of or adjacent to the highway; and
(B) where pedestrians are not permitted to cross the roadway.
(c) An offense under this section is a misdemeanor punishable by a fine of not less than $500 or more than $1,250, except that the offense is:
(1) a misdemeanor punishable by a fine of not less than $1,000 or more than $2,000 if the person is convicted of a second or subsequent offense under this section committed within five years of the date on which the most recent preceding offense was committed;
(2) a Class A misdemeanor if the person causes serious bodily injury to another; or
(3) a state jail felony if the person has been previously convicted under Subdivision (2).
(d) The court may order that the driver’s license of a person convicted of a second or subsequent offense under this section be suspended for not longer than six months beginning on the date of conviction. In this subsection, “driver’s license” has the meaning assigned by Chapter 521.
(e) If a person does not pay the previously assessed fine or costs on a conviction under this section, or is determined by the court to have insufficient resources or income to pay a fine or costs on a conviction under this section, the court may order the person to perform community service. The court shall set the number of hours of service under this subsection.
(f) For the purposes of this section:
(1) a highway is considered to have separate roadways only if the highway has roadways separated by an intervening space on which operation of vehicles is not permitted, a physical barrier, or a clearly indicated dividing section constructed to impede vehicular traffic; and
(2) a highway is not considered to have separate roadways if the highway has roadways separated only by a left turn lane.
Transportation code 545.425. USE OF WIRELESS COMMUNICATION DEVICE IN A SCHOOL CROSSING ZONE OR WHILE OPERATING A SCHOOL BUS WITH A MINOR PASSENGER; OFFENSE.
(a) In this section:
(1) “Hands-free device” means speakerphone capability or a telephone attachment or other piece of equipment, regardless of whether permanently installed in the motor vehicle, that allows use of the wireless communication device without use of either of the operator’s hands.
(2) “Wireless communication device” means a device that uses a commercial mobile service, as defined by 47 U.S.C. Section 332.
(b) Except as provided by Subsection (c), an operator may not use a wireless communication device while operating a motor vehicle within a school crossing zone, as defined by Section 541.302, Transportation Code, unless:
(1) the vehicle is stopped; or
(2) the wireless communication device is used with a hands-free device.
(b-1) Except as provided by Subsection (b-2), a municipality, county, or other political subdivision that enforces this section shall post a sign that complies with the standards described by this subsection at the entrance to each school crossing zone in the municipality, county, or other political subdivision. The department shall adopt standards that:
(1) allow for a sign required to be posted under this subsection to be attached to an existing sign at a minimal cost; and
(2) require that a sign required to be posted under this subsection inform an operator that:
(A) the use of a wireless communication device is prohibited in the school crossing zone; and
(B) the operator is subject to a fine if the operator uses a wireless communication device in the school crossing zone.
(b-2) A municipality, county, or other political subdivision that by ordinance or rule prohibits the use of a wireless communication device while operating a motor vehicle throughout the jurisdiction of the political subdivision is not required to post a sign as required by Subsection (b-1) if the political subdivision:
(1) posts signs that are located at each point at which a state highway, U.S. highway, or interstate highway enters the political subdivision and that state:
(A) that an operator is prohibited from using a wireless communication device while operating a motor vehicle in the political subdivision; and
(B) that the operator is subject to a fine if the operator uses a wireless communication device while operating a motor vehicle in the political subdivision; and
(2) subject to all applicable United States Department of Transportation Federal Highway Administration rules, posts a message that complies with Subdivision (1) on any dynamic message sign operated by the political subdivision located on a state highway, U.S. highway, or interstate highway in the political subdivision.
(b-3) A sign posted under Subsection (b-2)(1) must be readable to an operator traveling at the applicable speed limit.
(b-4) The political subdivision shall pay the costs associated with the posting of signs under Subsection (b-2).
(c) An operator may not use a wireless communication device while operating a passenger bus with a minor passenger on the bus unless the passenger bus is stopped.
(d) It is an affirmative defense to prosecution of an offense under this section that:
(1) the wireless communication device was used to make an emergency call to:
(A) an emergency response service, including a rescue, emergency medical, or hazardous material response service;
(B) a hospital;
(C) a fire department;
(D) a health clinic;
(E) a medical doctor’s office;
(F) an individual to administer first aid treatment; or
(G) a police department; or
(2) a sign required by Subsection (b-1) was not posted at the entrance to the school crossing zone at the time of an offense committed in the school crossing zone.
(d-1) The affirmative defense available in Subsection (d)(2) is not available for an offense under Subsection (b) committed in a school crossing zone located in a municipality, county, or other political subdivision that is in compliance with Subsection (b-2).
(e) This section does not apply to:
(1) an operator of an authorized emergency vehicle using a wireless communication device while acting in an official capacity; or
(2) an operator who is licensed by the Federal Communications Commission while operating a radio frequency device other than a wireless communication device.
(f) Except as provided by Subsection (b-2), this section preempts all local ordinances, rules, or regulations that are inconsistent with specific provisions of this section adopted by a political subdivision of this state relating to the use of a wireless communication device by the operator of a motor vehicle.
Transportation Code Sec. 545.4252. USE OF WIRELESS COMMUNICATION DEVICE ON SCHOOL PROPERTY; OFFENSE.
(a) In this section:
(1) “Hands-free device” has the meaning assigned by Section 545.425.
(2) “Wireless communication device” has the meaning assigned by Section 545.425.
(b) Except as provided by Section 545.425(c), an operator may not use a wireless communication device while operating a motor vehicle on the property of a public elementary, middle, junior high, or high school for which a local authority has designated a school crossing zone, during the time a reduced speed limit is in effect for the school crossing zone, unless:
(1) the vehicle is stopped; or
(2) the wireless communication device is used with a hands-free device.
(c) It is an affirmative defense to prosecution of an offense under this section that the wireless communication device was used to make an emergency call to:
(1) an emergency response service, including a rescue, emergency medical, or hazardous material response service;
(2) a hospital;
(3) a fire department;
(4) a health clinic;
(5) a medical doctor’s office;
(6) an individual to administer first aid treatment; or
(7) a police department.
(d) This section does not apply to:
(1) an operator of an authorized emergency vehicle using a wireless communication device while acting in an official capacity; or
(2) an operator who is licensed by the Federal Communications Commission while operating a radio frequency device other than a wireless communication device.
(e) This section preempts all local ordinances, rules, or regulations that are inconsistent with specific provisions of this section adopted by a political subdivision of this state relating to the use of a wireless communication device by the operator of a motor vehicle, except that a political subdivision may by ordinance or rule prohibit the use of a wireless communication device while operating a motor vehicle throughout the jurisdiction of the political subdivision.
