Passing a stopped bus: The law, the fine

Lewiston police officer Michael Lacombe watches for vehicles that might pass school buses parked in front of Lewiston Middle School on Thursday afternoon.

Passing a stopped school bus with its red lights flashing is a Class E crime, punishable by a minimum fine of $250 for the first offense and a mandatory 30-day driver’s license suspension for a second offense.

Police can also write a traffic ticket, which carries a $311 fine, to the owner of the vehicle.

Under Title 29-A, Section 2308, Maine law says: The operator of a vehicle on a street, parking area or on school property when meeting a school bus from either direction, when the bus has stopped with its red lights flashing to receive or discharge passengers, shall stop the vehicle before reaching the school bus. The motorist may not proceed until the school bus resumes motion or until signaled by the school bus operator to proceed.”

The exception is when there’s a divided road or highway — a barrier or median strip separating the bus from oncoming motorists.

On a four-lane street or highway — Center Street/Route 4 in Auburn, for example — motorists on either side must stop when approaching a school bus with flashing red lights.

When a bus driver in Lewiston sees a motorist pass a stopped bus, the driver is supposed to fill out a form with the plate number, along with descriptions of the vehicle and driver. But bus drivers say they don’t have the ability to capture all of that information while watching out for students.

Lewiston police officer Michael Lacombe, the school resource officer for Lewiston Middle School, echoed bus drivers’ complaints that too many motorists don’t stop for buses.

It happens “pretty close to every day,” Lacombe said. When school gets out and a convoy of 10 yellow buses park in front of the middle school, the officer comes outside and monitors.

When students leave the building and get onto the buses, all 10 put on their flashing red lights and their stop signs come out. The buses pull out in the lane so that vehicles can’t pass in that direction.

It’s vehicles coming the other way that’s the problem, Lacombe said.

When a vehicle starts to pass the buses with red lights flashing, the bus drivers honk. Most motorists then stop. Some keep going. When they keep going, “I’ll step out. They’ve passed five buses by the time they get to me,” Lacombe said. “I’ve heard so many different excuses from people.”

He tells them they have to stop, they have to be more careful. They have to pay attention. That students’ safety is at risk.

Sometimes Lacombe writes summonses. One man he issued a summons to is going to trial this week. “He wants to fight it,” Lacombe said.

Lacombe recalled one driver who passed five buses with red lights flashing. “I had to step out in the roadway” to stop him. “For a second I thought I was going to have to jump back out of the roadway. He was coming pretty good.” He got the motorist’s attention and the man pulled over. If the officer wasn’t there, “he would have passed all 10 without a doubt.”

Lacombe recalled his conversation with the motorist.

Officer: “‘Did you see the red lights?'”

Motorist: “‘Yep.'”

Officer: “Did you hear (the bus drivers) honking at you?”

Motorist: “Yep.”

Officer: “Well, why didn’t you stop?”

Motorist: “I was confused. I didn’t know what to do.”

Officer: “What do you mean you didn’t know what to do? It’s Driver’s Ed 101.”

The motorist was polite and said because he was coming from the opposite direction he didn’t think he had to stop.

Lacombe told the motorist he passed five school buses with red lights flashing, which mean students are getting off or on and could be in the street.

Lacombe said he’s not trying to make anyone’s life difficult, but illegally passing school buses is becoming an increasing problem. “I’ve got to protect the kids,” he said.

“So many people are doing it,” he said. “I explain to them, ‘Hey you take out a kid, you’ll wish you got the summons.'”

Lewiston police officer Michael Lacombe watches for vehicles that might pass school buses parked in front of Lewiston Middle School on Thursday afternoon.

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