28-857. School bus signs; overtaking and passing school bus; violation; driver license suspension; civil penalty

A. On meeting or overtaking from either direction a school bus that has stopped on the highway, the driver of a vehicle on a highway shall:

1. Stop the vehicle before reaching the school bus, if the school bus is displaying the signal as provided in subsection D of this section and if alternately flashing lights are in use.

2. Not proceed until the school bus resumes motion or the signal and alternately flashing lights are no longer displayed.

B. A school bus shall have on the front and rear of the school bus a plainly visible sign containing the words "school bus" in letters not less than eight inches in height.

C. A school bus operated on a highway shall cover or conceal all markings indicating "school bus" unless the school bus is operated for the transportation of children to or from any of the following:

1. School.

2. School sponsored academic activities.

3. School sponsored vocational and technical education.

4. School sponsored athletic trips.

5. School sponsored extracurricular activities.

D. A school bus shall have a signal with the word "stop" printed on both sides in white letters not less than five inches high on a red background. The signal shall be an eighteen inch reflectorized octagon. When transporting school children to or from school or home, the operator of the school bus shall:

1. Manually operate the signal in a manner so that the signal is clearly visible from both front and rear when extended from the left of the body of the school bus.

2. Display the signal and alternately flashing lights if passengers are being received or discharged while the school bus is stopped on the roadway or a private road or driveway as defined in section 28-601.

E. The driver of a vehicle on a highway with separate roadways need not stop on meeting or passing a school bus that is:

1. On a different roadway.

2. On a controlled access highway and the school bus is stopped in a loading zone that is a part of or adjacent to the highway and where pedestrians are not permitted to cross the roadway.

F. For the purposes of subsection E of this section, a lane or group of lanes on either side of a two-way left turn lane is not considered a separate roadway.

G. A person who is responsible for a violation of subsection A of this section is subject to a civil penalty as follows:

1. The court shall impose a minimum civil penalty of two hundred fifty dollars for the first violation.

2. If a person violates this section a second time within a period of thirty-six months, the court shall impose a minimum civil penalty of seven hundred fifty dollars and shall direct the department to suspend the driver license of the person for not more than six months.

3. If a person violates this section three or more times within a period of thirty-six months, the court shall impose a minimum civil penalty of one thousand dollars and shall direct the department to suspend the driver license of the person for at least six months but not more than one year.