As students return to classrooms across New York, drivers are once again encountering increased traffic, longer commute times, and more frequent stops by school buses. While the back-to-school season brings excitement for families, it also important to know the rules of the road and how to keep our children safe.
Patience is Key. Anticipate Longer Travel Times and Standing Traffic.
Children who take the bus to school are often placed in conflict with motorists. School buses operate on strict schedules and make frequent stops for children, often directly in front of their homes where there are no sidewalks, crosswalks or traffic signals. School buses have bigger blind spots and take longer to stop. Young children are inattentive by nature and have limited ability to judge speed, distance and dangers. In areas such as Albany, Schenectady, Troy, Saratoga and beyond the Capital Region, school bus stops can add significant time to the morning and afternoon commute, causing drivers to become impatient and attempt to pass or speed around school buses. Failing to adjust driving behavior not only increases the risk of collisions but may also expose drivers to legal consequences.
New York State Law: When to Stop for a School Bus
Under New York Vehicle and Traffic Law (VTL) §1174, all motorists are required to stop for a school bus whenever its red lights are flashing and the stop arm is extended. This requirement applies:
In other words, if you see flashing red lights on a school bus, you must stop — no matter where you are positioned relative to the bus — unless a physical barrier prevents you from crossing into its lane.
The New York State Department of Motor Vehicles provides additional guidance and safety tips when encountering school buses: School Bus Safety – NY DMV.
Automated School Bus Camera Tickets
To increase safety and strengthen enforcement, New York enacted VTL §1174-a, which authorizes the use of stop-arm cameras on school buses. These cameras automatically record vehicles that illegally pass a stopped bus when the stop-arm is activated. Municipalities can mail tickets (no points) that include a $250 fine for a first offense, even if a police officer does not witness the incident. The owner of the vehicle is liable to pay the fine, even if they were not the driver or a passenger. The law creates a rebuttable presumption that the school bus was stopped to pick up or drop off children, shifting the burden to motorists to show that no violation occurred (i.e., children were not boarding or exiting the bus, the camera/lights malfunctioned, or the motorist did not overtake the bus). This safety program underscores the seriousness with which New York treats school bus safety violations and increases accountability for drivers who fail to stop.
School Zone Speed Limits and Cameras
Drivers should also be mindful of school zone speed limits and cameras. New York’s VTL §1180(c) sets reduced speed limits in school zones when school is in session, typically during arrival and dismissal times. Failure to comply with posted school zone speed limits can result in fines, points, and potential liability if a pedestrian accident occurs. New York’s vehicle and traffic law also allows New York City, Albany, Buffalo and Syracuse to issue automated school zone camera speeding tickets similar to automated school bus camera tickets. The school zone must include a “photo enforced” sign giving motorists notice of the camera enforced speed zone.
Heightened Duty of Care Around Children
Courts recognize that children lack judgment and may act impulsively. When a driver has reason to know that children are nearby, they owe a duty to exercise reasonable care for their safety. This includes being alert, maintaining a lookout, and anticipating childish conduct such as sudden darting into the street. Motorists should slow down, sound their horn, or come to a stop if the risk of injury to a child is present. And when in doubt it is always best to error on the side of caution to avoid injury.
Safety Guidance for Drivers
To reduce risk and uphold both legal and community responsibilities, motorists should:
Protecting Our Children
Back-to-school season is an important time for drivers to reflect on safe driving habits and legal responsibilities under New York law. At Dreyer Boyajian LLP, we encourage drivers to exercise patience and vigilance on the road to protect our children and create a safer environment for everyone.
