Failing To Stop For A School Bus In Ontario

School Bus Laws in Ontario

In Ontario, one of the most important laws regarding school buses requires all drivers to stop when a school bus is picking up or dropping off passengers. When a school bus extends its stop arm and activates its flashing lights, drivers must come to a complete stop. Failing to do so can result in severe consequences.

Here are some key points to consider:

• You must stop at least 20 meters from the school bus and cannot proceed until the overhead red lights stop flashing. If there is no median, drivers travelling in both directions must stop when the lights are flashing.
• When approaching from the opposite direction, stop at a safe distance to allow children to cross the road and get on or off the bus. Only move forward once the red lights have stopped flashing or the bus has moved.
• If there is a median, oncoming traffic is not required to stop. However, be mindful of children and slow down.
• Vehicle owners can be charged for illegally passing a stopped school bus, even if they were not the ones driving at the time.

Ontario School Bus Laws Under The Highway Traffic Act

Always stop before reaching a stopped school bus with its red lights flashing, regardless of the time of day or road type. Violating this law is considered a serious offence because it endangers children, and penalties can be severe.

Under section 175 of the Highway Traffic Act, school bus tickets are addressed as follows:

• (11) Every driver or streetcar operator, when meeting on a highway, other than a highway with a median strip, a stopped school bus that has its overhead red signal-lights flashing, shall stop before reaching the bus and shall not proceed until the bus moves or the overhead red signal-lights have stopped flashing. 2017, c. 26, Sched. 4, s. 21 (1).
• (11.1) Every driver or streetcar operator, when meeting on a highway, other than a highway with a median strip, a stopped school bus that has its stop arm actuated, shall stop before reaching the bus and shall not proceed until the bus moves or the stop arm is no longer actuated. 2017, c. 26, Sched. 4, s. 21 (1).
• (12) Every driver or streetcar operator on a highway, when approaching from the rear a stopped school bus that has its overhead red signal-lights flashing, shall stop and shall not proceed until the bus moves or the overhead red signal-lights have stopped flashing. 2017, c. 26, Sched. 4, s. 21 (1).
• (12.1) Every driver or streetcar operator on a highway, when approaching from the rear a stopped school bus that has its stop arm actuated, shall stop and shall not proceed until the bus moves or the stop arm is no longer actuated. 2017, c. 26, Sched. 4, s. 21 (1).
• (12.2) Every driver or streetcar operator on a highway, when approaching from the rear a stopped school bus that has its overhead red signal-lights flashing, or that has its stop arm actuated, shall stop at least 20 metres before reaching the bus. 2017, c. 26, Sched. 4, s. 21 (1).

Fine For Passing A School Bus In Ontario

Violating school bus laws can result in significant penalties, including fines, demerit points on your driver’s licence, increased insurance rates, and even licence suspension. Here are the fines and penalties associated with this violation:

Failing To Stop For A School Bus First Offence

• 6 demerit points
• Fine from $400 to a maximum of $2,000
• 30-day licence suspension

Failing To Stop For A School Bus: Subsequent Offences

• 6 demerit points
• Fine from $1,000 to $4,000 or imprisonment for max. 6 months, or both
• 90-day licence suspension or cancellation (after 3rd offence)

How Many Demerit Points For Failing To Stop For A School Bus In Ontario?

Drivers who fail to stop for a school bus with its red lights flashing and stop arm extended will receive 6 demerit points on their driving record. This penalty is designed to promote safety and protect children as they board or disembark from the bus. 

It is crucial for all motorists to be vigilant and adhere to these regulations, as ignoring them can result in severe consequences, including points, fines, and an increased risk of accidents involving children.

Does The Law Apply to All Buses?

The law requiring drivers to stop for school buses applies only to chrome yellow buses with proper markings and signals, as outlined in Section 175 of the Highway Traffic Act.

This applies when the bus is loading or unloading children or adults with developmental disabilities. Other school vehicles are not protected by this law, so drivers must choose safe stopping locations and direct their passengers carefully.

What Are The Consequences For Novice Drivers Convicted Of Failing To Stop For A School Bus?

Novice drivers who are convicted of failing to stop for a school bus may face a 30-day suspension of their driver’s licence. This violation can also lead to a significant increase in their insurance rates for three years. 

The penalties include a minimum fine of $490, 6 demerit points, and a 30-day licence suspension. The conviction will remain on their driving record for three years, which may further increase their insurance costs.

Is It Illegal To Pass A Stopped School Bus?

It is illegal to pass a stopped school bus with its red lights flashing. If a vehicle does so, the owner can be charged, even if they were not driving. This law applies to drivers travelling in both directions unless a median separates the road; in that case, drivers travelling in the opposite direction do not need to stop but should remain cautious.

What If I Don’t Stop For A School Bus With Its Red Lights Flashing?

It is illegal not to stop for a school bus that has its red lights flashing. If you fail to stop, you will face a fine ranging from $400 to $2,000 and receive 6 demerit points on your driving record.

How Do I Know If I Will Get A Ticket For Passing A School Bus?

If you have received a ticket for failing to stop for a school bus, it is likely because your vehicle passed a stopped school bus while children were getting on or off. In this situation, the bus driver records your licence plate number and reports it to the police, or another witness may report it. You will receive a ticket in the mail. 

How Long Does It Take To Get A Ticket For Passing A School Bus?

If you fail to stop for a school bus, you can expect to receive a ticket in the mail. This process can take anywhere from a few days to a few weeks. The delay usually occurs because the bus driver needs time to report the incident, the police must conduct an investigation, and the ticket has to be processed.

Can A School Bus Driver Report You For Not Stopping In Ontario?

In Ontario, school bus drivers can report drivers who illegally pass a stopped bus. They must record the licence plate number, date, time, and location of the incident for police reporting, and the police will typically issue a ticket to the vehicle’s registered owner.

School bus drivers are trained to observe and report violations when the bus’s red lights are flashing and the stop arm is extended. Many buses are equipped with cameras to document these infractions.

The registered owner of the vehicle is responsible for any fines, even if they were not driving at the time of the violation. Ignoring school bus signals can lead to fines, demerit points, or jail time for repeat offenders.

How To Fight a School Bus Ticket

Acknowledge the Seriousness of the Charge  

Law enforcement takes violations for failing to stop for a school bus very seriously and can lead to significant fines, points on your driving record, and possible licence suspension. Prosecutors often have a zero-tolerance policy for these offences, prioritizing safety in school zones. If you receive a ticket, you need to understand the seriousness of the situation and consider seeking legal counsel to manage the consequences.

Seek Professional Legal Support  

If you receive a traffic ticket, it’s essential not to challenge it on your own due to the complexities of traffic law. Instead, consider hiring a knowledgeable traffic ticket paralegal or lawyer at JUSTICEJOLT. Our expertise can help you develop tailored strategies to contest your ticket effectively. With our assistance, you can improve your chances of achieving a favourable outcome, whether through negotiating a plea deal or challenging the ticket in court.

Prepare a Strong Defence Strategy  

Prepare for trial, as most legal situations lead to one. Develop a strong defence strategy tailored to your case by carefully examining evidence, considering witnesses, and identifying relevant legal precedents. Engage with a legal expert to ensure all aspects of your defence are addressed.

Gather Evidence  

Gather compelling evidence to bolster your case. This may include demonstrating that the bus signal was either not activated or obscured from view, or that your line of sight was obstructed, preventing you from seeing the signal. Consider documenting the exact conditions at the scene, including visibility, weather, and any physical barriers that may have obstructed your view.

Consult with a Traffic Lawyer Or Paralegal

Every legal situation is unique, influenced by jurisdiction and specific circumstances. It’s crucial to discuss your case in detail with a traffic ticket legal team. Relying on generic online advice can lead to misunderstandings that jeopardize your rights. Professional legal counsel provides tailored guidance to address the nuances of your situation.

Avoid a Guilty Plea  

A guilty plea can significantly negatively affect employment, personal relationships, and legal standing. Before deciding, it’s crucial to explore options such as plea deals, alternative sentencing, or fighting the charges in court. Consulting a qualified traffic lawyer or paralegal can offer valuable insights and help you understand the implications of your decision.

Take Action Immediately  

After being charged, it’s crucial to consult a qualified legal professional promptly. They can help protect your rights, explain the charges, and provide defence strategies. A skilled traffic ticket lawyer or paralegal will guide you through the legal system, assist in gathering evidence, and represent you in hearings. Timely legal advice can significantly impact the outcome of your case.