§ 20-217. Motor vehicles to stop for properly marked and designated school buses in certain instances; evidence of identity of driver.
§ 20‑217. Motorvehicles to stop for properly marked and designated school buses in certaininstances; evidence of identity of driver.
(a) When a school busis displaying its mechanical stop signal or flashing red lights and the bus isstopped for the purpose of receiving or discharging passengers, the driver ofany other vehicle that approaches the school bus from any direction on the samestreet, highway, or public vehicular area shall bring that other vehicle to afull stop and shall remain stopped. The driver of the other vehicle shall notproceed to move, pass, or attempt to pass the school bus until after themechanical stop signal has been withdrawn, the flashing red stoplights havebeen turned off, and the bus has started to move.
(b) For the purpose ofthis section, a school bus includes a public school bus transporting childrenor school personnel, a public school bus transporting senior citizens underG.S. 115C‑243, or a privately owned bus transporting children. Thissection applies only in the event the school bus bears upon the front and reara plainly visible sign containing the words "school bus."
(c) Notwithstandingsubsection (a) of this section, the driver of a vehicle traveling in theopposite direction from the school bus, upon any road, highway or city streetthat has been divided into two roadways, so constructed as to separatevehicular traffic between the two roadways by an intervening space (including acenter lane for left turns if the roadway consists of at least four more lanes)or by a physical barrier, need not stop upon meeting and passing any school busthat has stopped in the roadway across the dividing space or physical barrier.
(d) It shall beunlawful for any school bus driver to stop and receive or discharge passengersor for any principal or superintendent of any school, routing a school bus, toauthorize the driver of any school bus to stop and receive or dischargepassengers upon any roadway described by subsection (c) of this section wherepassengers would be required to cross the roadway to reach their destination orto board the bus; provided, that passengers may be discharged or received atpoints where pedestrians and vehicular traffic are controlled by adequate stop‑and‑gotraffic signals.
(e) Except as providedin subsection (g) of this section, any person violating this section shall beguilty of a Class 1 misdemeanor. A person who violates subsection (a) of thissection shall not receive a prayer for judgment continued under anycircumstances.
(f) Expired.
(g) Any person whowillfully violates subsection (a) of this section and strikes any person shallbe guilty of a Class I felony. Any person who willfully violates subsection (a)of this section and strikes any person, resulting in the death of that person,shall be guilty of a Class H felony.
(h) Automated cameraand video recording systems may be used to detect and prosecute violations ofthis section. Any photograph or video recorded by a camera or video recordingsystem shall, if consistent with the North Carolina Rules of Evidence, beadmissible as evidence in any proceeding alleging a violation of subsection (a)of this section. (1925,c. 265; 1943, c. 767; 1947, c. 527; 1955, c. 1365; 1959, c. 909; 1965, c. 370;1969, c. 952; 1971, c. 245, s. 1; 1973, c. 1330, s. 35; 1977, 2nd Sess., c.1280, s. 4; 1979, 2nd Sess., c. 1323; 1983, c. 779, s. 1; 1985, c. 700, s. 1;1991, c. 290, s. 1; 1993, c. 539, s. 382; 1994, Ex. Sess., c. 24, s. 14(c);1998‑149, s. 10; 2005‑204, s. 1; 2006‑160, s. 1; 2006‑259,s. 11(a); 2007‑382, s. 1; 2009‑147, ss. 1, 2.)