Louisiana Revised Statutes 32:80 – A.(1) The driver of a vehicle upon a highway meeting or overtaking from any direction any school bus that has stopped for the purpose of receiving or discharging any school children
Terms Used In Louisiana Revised Statutes 32:80
- Concurrent resolution: A legislative measure, designated "S. Con. Res." and numbered consecutively upon introduction, generally employed to address the sentiments of both chambers, to deal with issues or matters affecting both houses, such as a concurrent budget resolution, or to create a temporary joint committee. Concurrent resolutions are not submitted to the President/Governor and thus do not have the force of law.
- Department: means the Department of Transportation and Development. See Louisiana Revised Statutes 32:1
- Divided highway: means any highway divided into roadways by a median, physical barrier, or clearly indicated dividing section so constructed as to impede vehicular traffic. See Louisiana Revised Statutes 32:1
- Driver: means every person who drives or is in actual physical control of a vehicle. See Louisiana Revised Statutes 32:1
- Height: means the total vertical dimension of any vehicle above the ground surface including any load and load-holding devices thereon. See Louisiana Revised Statutes 32:1
- Highway: means the entire width between the boundary lines of every way or place of whatever nature publicly maintained and open to the use of the public for the purpose of vehicular travel, including bridges, causeways, tunnels and ferries; synonymous with the word "street". See Louisiana Revised Statutes 32:1
- Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.
- Owner: means a person who holds a legal title to a vehicle or in the event a vehicle is the subject of an agreement for the conditional sale, lease, or transfer of possession thereof with the right of purchase upon the performance of the conditions stated in the agreement, with the right of immediate possession in the vendee, lessee, possessor, or in the event such similar transaction is had by means of mortgage and the mortgagor of a vehicle is entitled to possession, then the conditional vendee, lessee, possessor, or mortgagor shall be deemed the owner for the purposes of this Chapter. See Louisiana Revised Statutes 32:1
- person: includes a body of persons, whether incorporated or not. See Louisiana Revised Statutes 1:10
- Roadway: means that portion of a highway improved, designed, or ordinarily used for vehicular traffic, exclusive of the berm or shoulder. See Louisiana Revised Statutes 32:1
- School bus: means every motor vehicle that is used to transport students to and from school or in connection with school activities, but not including a charter bus or transit bus. See Louisiana Revised Statutes 32:1
- Shoulder: means the portion of the highway contiguous with the roadway for accommodation of stopped vehicles, for emergency use, pedestrian use, mobility aid use, bicycle use, and for lateral support of base and surface. See Louisiana Revised Statutes 32:1
- Stop: means , when required, the complete cessation from movement. See Louisiana Revised Statutes 32:1
- stopping: means , when prohibited, any halting, even momentarily of a vehicle, whether occupied or not, except when necessary to avoid conflict with other traffic or in compliance with the directions of a police officer, weights and standards police officer, or traffic control sign or signal. See Louisiana Revised Statutes 32:1
- Vehicle: means every device by which persons or things may be transported upon a public highway or bridge, except devices moved by human power or used exclusively upon stationary rails or tracks. See Louisiana Revised Statutes 32:1
A.(1) The driver of a vehicle upon a highway meeting or overtaking from any direction any school bus that has stopped for the purpose of receiving or discharging any school children shall stop the vehicle not less than thirty feet from the school bus before reaching such school bus when there are in operation on said school bus visual signals as required by La. Rev. Stat. 32:318, and said driver shall not proceed until such bus resumes motion or the visual signals are no longer activated.
(2) The driver of any school bus is authorized to notify the appropriate law enforcement authority of any violation of this Subsection within twenty-four hours of the violation. This notification shall be in writing on a form provided to the bus driver by the school board, shall be signed by the school bus driver, under penalty of criminal prosecution, in the presence of two witnesses, and it shall include the license plate number and color of the vehicle. The notice may be sent to the appropriate law enforcement agency by mail, fax, or electronically. If mailed, the notice shall be deemed timely if postmarked the day after the violation.
(3) The appropriate authority may issue a citation to the owner or, in the case of a leased vehicle, the lessee of the vehicle involved, on the basis of this information. The owner or lessee shall not be cited if the vehicle is stolen, or if another driver is cited for the violation.
(4)(a) Any person who is found guilty of or pleads guilty or nolo contendere to a violation of the provisions of this Subsection shall be subject to the following penalties:
(i) If the violation does not result in the injury, serious bodily injury, or death of another person, the offender shall be fined not less than one hundred dollars nor more than five hundred dollars or imprisoned for not more than six months, or both, in accordance with the provisions of La. Rev. Stat. 32:398.2 and shall have his driver’s license suspended in accordance with the provisions of La. Rev. Stat. 32:414(A)(2).
(ii) If the violation results in the injury of another person, the offender shall be fined not less than two hundred dollars nor more than five hundred dollars and may be subjected to a driver’s license suspension for a period up to ninety days, or both.
(iii) If the violation results in the serious bodily injury of another person, the offender shall be fined not less than five hundred dollars nor more than one thousand dollars and may be subjected to a driver’s license suspension of a period up to one hundred eighty days, or both.
(iv) If the violation results in the death of another person, the offender shall be fined not less than one thousand dollars nor more than five thousand dollars and may be subjected to a driver’s license suspension for the greater of a period up to three hundred sixty days or as provided in La. Rev. Stat. 32:414(A)(2), or both.
(b) In addition to the fines and penalties set forth in Items (a)(ii), (iii), and (iv) of this Paragraph, whoever is responsible for these violations shall be subject to the following penalties:
(i) If the violation results in the injury of another person, the offender may be imprisoned for not more than six months.
(ii) If the violation results in serious bodily injury of another person as defined in Subparagraph (c) of this Paragraph, the offender may be subjected to imprisonment up to six months.
(iii) If the violation results in the death of another person, the offender may be subject to imprisonment up to twelve months.
(c) For purposes of this Paragraph, “serious bodily injury” shall mean a bodily injury which involves unconsciousness, extreme physical pain, or protracted and obvious disfigurement, protracted loss or impairment of the function of a bodily member, organ, or mental faculty, or a substantial risk of death.
B.(1) Every school bus shall bear upon the front and rear thereof the words “SCHOOL BUS” in black letters not less than eight inches in height placed as high as possible without impairment of visibility, and no other lettering shall be visible from the front or rear except the words “emergency exit” shall be painted in black letters at least two inches in height and approximately located near such exit.
(2)(a) In addition, every school bus shall be equipped with visual signs and signals as required in La. Rev. Stat. 32:318. Such signs and signals shall be activated by the driver of said school bus under and only under one of the following conditions:
(i) Such vehicle is stopped or is about to stop on the roadway for the purpose of receiving or discharging school children.
(ii) Though not receiving or discharging school children, the bus is stopped or is about to stop because it meets or is following another bus that has such signs and signals activated.
(b) The driver of any school bus shall activate the amber lamps at least one hundred feet, but not more than five hundred feet, before every stop for which activation is required and upon stopping shall activate the red lamps and the stop signal arms provided for in La. Rev. Stat. 32:318(B)(2) and (3) and the crossing control device as provided in La. Rev. Stat. 17:164.1 and upon resuming motion shall deactivate the lamps, the stop signal arms, and the crossing control device.
C.(1) The driver of a vehicle upon a highway with separate roadways need not stop upon meeting or passing a school bus which is on a different roadway or when upon a controlled access highway and the school bus is stopped in a loading zone which is a part of or adjacent to such highway and where pedestrians are not permitted to cross the roadway.
(2) A highway with one lane in each direction and with a dedicated two-way left-turn lane shall not be considered a divided highway with separate roadways for purposes of this Section.
D. When, if, and on the date that the Department of Transportation and Development develops, adopts, and promulgates guidelines to establish school bus loading zones pursuant to Senate Concurrent Resolution No. 9 of the 1983 Regular Session of the Louisiana Legislature, the requirements of Subsection A of this Section regarding a vehicle stopping on a highway when meeting or overtaking a school bus and regarding the driver of a school bus activating the visual signs and signals shall be effective when a school bus stops on the shoulder of a highway for the purpose of receiving or discharging any school children as provided in the guidelines.
E. For the purposes of this Section, “school bus” means a school bus as defined in La. Rev. Stat. 32:1 that is used to transport students to and from home or school bus stops.
Acts 1962, No. 310, §1. Amended by Acts 1974, No. 342, §1; Acts 1976, No. 383, §1; Acts 1977, No. 262, §1, eff. July 7, 1977; Acts 1982, No. 140, §1; Acts 1983, No. 503, §1; Acts 1983, No. 568, §1, eff. May 1, 1984; Acts 1984, No. 626, §1; Acts 1986, No. 393, §1; Acts 1986, No. 720, §1; Acts 1986, No. 125, §1; Acts 1987, No. 709, §1; Acts 2004, No. 208, §1; Acts 2007, No. 60, §1; Acts 2012, No. 259, §1; Acts 2016, No. 535, §1; Acts 2022, No. 640, §2.