An Act to amend and reenact § 46.2-859 of the Code of Virginia, relating to passing a stopped school bus; divided highways, access roads, and certain driveways.
HB409 amends Virginia’s school bus passing law to clarify when drivers are not required to stop for a stopped school bus. The bill keeps the general rule that motorists must stop for a school bus loading or unloading children, elderly individuals, or individuals with mental or physical disabilities, and that violations constitute reckless driving. It also preserves the existing requirement that school buses be properly marked and equipped for the statute to apply.
The main change is a clarification to the exceptions in subsection B. A driver does not have to stop when the school bus is on the other side of a divided highway, on an access road, or on a driveway separated from the driver’s lane by a physical barrier or unpaved area. The bill further states that this exception applies even when the barrier or unpaved area is segmented to allow intersections or turning movements. It also retains the exception for situations where a law-enforcement officer or authorized uniformed school crossing guard directs the driver to pass the bus.
The bill narrows ambiguity in § 46.2-859 by specifying how the divided-highway/access-road/driveway exception works, including where barriers are not continuous. It does not change the core duty to stop for a stopped school bus, but it provides clearer statutory guidance for drivers, law enforcement, and courts about when passing is lawful. The affected parties include motorists, school bus operators, school systems, and enforcement officials, with the practical effect of reducing uncertainty in traffic enforcement and prosecution under the reckless driving provision.
The available record shows no committee transcript, recorded debate, or vote history indicating opposition or support, so the bill’s sentiment must be inferred from its enactment. Because it was approved and enacted as Chapter 132, the overall legislative sentiment appears favorable. The measure reads as a technical clarification rather than a major policy change, suggesting broad acceptance of the need to make the school-bus passing rule more precise.
The only apparent point of contention is the scope of the exception for divided highways, access roads, and driveways, especially the new language stating that the exception applies even when the physical barrier or unpaved area is segmented for intersections or turning vehicles. That clarification could matter in edge cases where drivers, school officials, or prosecutors disagree about whether a roadway is sufficiently separated to excuse stopping. No other specific disputes are reflected in the provided materials.