4.4Failing to Stop for School Bus
“The operator of a vehicle overtaking or meeting a school bus that has stopped and is displaying 2 alternately flashing red lights located at the same level shall bring the vehicle to a full stop not less than 20 feet from the school bus and shall not proceed until the school bus resumes motion or the visual signs are no longer actuated.” MCL 257.682(1).
“The operator of a vehicle that fails to stop for a school bus as required by [MCL 257.682(1)], that passes a school bus in violation of [MCL 257.682(1)], or that fails to stop for a school bus in violation of an ordinance that is substantially similar to [MCL 257.682(1)], is responsible for a civil infraction and must be ordered to pay a civil fine of not less than $100.00 and not more than $500.00.” MCL 257.682(1).
“In a proceeding for a violation of [MCL 257.682(1)], proof that the particular vehicle described in the citation was in violation of [MCL 257.682(1)], together with proof that the defendant named in the citation was, at the time of the violation, the registered owner of the vehicle, constitutes a rebuttable presumption that the registered owner of the vehicle was the driver of the vehicle at the time of the violation.” MCL 257.682(3). The presumption may be rebutted at a hearing. MCL 600.8719 (informal hearing); MCL 600.8721 (formal hearing).
Camera-based violation. “Notwithstanding any provision of law to the contrary, if the operator of a vehicle fails to stop for a school bus as required under [MCL 257.682(1)], or passes a school bus in violation of MCL 257.682(1)], or fails to stop for a school bus in violation of an ordinance that is substantially similar to [MCL 257.682(1)], and the school bus is equipped with a stop-arm camera system under [MCL 257.1820], the photograph captured or video recorded by the stop-arm camera system may be used as evidence in a proceeding for a camera-based violation.” MCL 257.682(4).
“A school district that uses a stop-arm camera system shall provide a photograph captured or video recorded by a stop-arm camera system for use as evidence in a proceeding for a camera-based violation if requested by an investigating law enforcement agency.” MCL 257.682(4). “A photograph or video recorded by a stop-arm camera system is admissible as evidence in a proceeding for a camera-based violation to the extent permitted by the [Michigan Rules of Evidence].” MCL 257.682(4). “However, a photograph captured or video recorded by a stop-arm camera system is not required for the prosecution of a violation of [MCL 257.682(1)].” MCL 257.682(4).
“For a camera-based violation, by not later than 30 days after receiving stop-arm camera system information as described in . . . MCL 257.1820, a law enforcement agency may review that information to determine if there is sufficient evidence that a violation of [MCL 257.682(1)] occurred and, if there is sufficient evidence that a violation occurred, may issue a citation.” MCL 257.682(6). “[I]f a law enforcement agency determines that it has sufficient evidence that a violation of [MCL 257.682(1)] has occurred, the law enforcement agency may initiate an action by mailing via first class mail a citation to the operator of the vehicle involved in the violation.” MCL 257.682(7). The mailing must include all of the following information:
•“A copy of the captured photograph or selected images from a recorded video showing the vehicle involved in the violation.” MCL 257.682(7)(a).
•“If the violation is based on a recorded video, a method to review the recorded video on a website.” MCL 257.682(7)(b).
•“The date, time, and location of the alleged violation.” MCL 257.682(7)(c).
•“A statement of the facts inferred from the captured photograph or recorded video.” MCL 257.682(7)(d).
“Except where a crosswalk or pedestrian walkway is present, the operator of a vehicle on a highway that has been divided into 2 roadways by leaving a raised intervening space, or by a physical barrier, or clearly indicated dividing sections so constructed as to impede vehicular traffic, is not required to stop upon meeting a school bus that has stopped across the raised intervening space, physical barrier, or dividing section.” MCL 257.682(2).
“For a violation of [MCL 257.682] or a local ordinance that substantially corresponds to [MCL 257.682], the civil fine ordered under [MCL 257.907] must not be less than $100.00 or more than $500.00.” MCL 257.907(2)(m). “A citation issued under [MCL 257.682(1)] is not a citation for a camera-based violation under [MCL 257.682(4)], and a civil fine for a violation of [MCL 257.682(1)] must be applied as provided in [MCL 257.909(1)].” MCL 257.682(1).
“For a camera-based violation, the operator of a vehicle is responsible for a civil infraction and must be ordered to pay a civil fine of not less than $100.00 and not more than $500.00.” MCL 257.682(5). “Notwithstanding any provision of law to the contrary, a civil fine for a camera-based violation must be paid to the county treasurer or the county treasurer’s designee, who shall distribute the paid civil fines not less than monthly to the school district that operates the school bus.” MCL 257.682(8). “A school district that receives money under [MCL 257.682(8)] must use that money for school transportation safety-related purposes.” MCL 257.682(8).
The general rules for assessing costs apply to violations involving failing to stop for a school bus. See Section 1.20 for a discussion of the general rules governing the assessment of costs; see also the Michigan Judicial Institute’s table for a quick reference guide.
Only applicable sanctions are listed below; accordingly, if a particular sanction is omitted from this section, it is not applicable to this offense. The Offense Code Index for Traffic Violations published by the secretary of state and sourced from the Michigan Department of State Court Manual includes a table detailing traffic offenses and applicable sanctions. See Section 1.41 for more information on abstracting procedures.
•Four points are assessed for “a moving violation resulting in an at-fault collision with another vehicle, an individual, or any other object.” MCL 257.320a(1)(l). See Section 1.42 for more information on points.
•Three points are assessed for “[d]isobeying a traffic signal . . . .” MCL 257.320a(1)(r). See Section 1.42 for more information on points.