Action Plan Puts National Spotlight on Hidden Toll of Illegal Passing
Student transportation leaders and society at-large are being asked to rethink how they measure risk at the school bus stop, as a 50-state action plan emerging from a National School Bus Safety Summit late last year calls for a sharper focus on injuries and near-miss collisions caused by illegally passing motorists.
The summit, convened on Dec. 10 by BusPatrol along with the Governors Highway Safety Association (GHSA) and Safe Kids Worldwide, brought together school transportation officials, federal regulators, safety advocates and law enforcement represenatives to examine how often motorists violate school bus stop arms — and what that behavior is really doing to children beyond the worst-case fatalities that make headlines.
BusPatrol operates what is widely regarded as the largest school bus stop-arm camera enforcement network in the U.S. A company official stressed that despite access to a unique trove of video and citation data, independent safety authorities and government agencies must lead on defining the problem and setting policy.
“It’s important that it’s not just the vendors raising the flag,” Justin Meyers, BusPatrol’s president and chief strategy officer, told School Transportation News. “Independent safety authorities and governments need to make these assessments and do this research. We’ll participate to the extent we’re legally allowed, but this can’t be seen as just a company trying to make money.”
From Fatalities to the Full Spectrum of Harm
The National Action Plan for School Bus Safety authored by GHSA and released Tuesday at an event in Washington, D.C., includes 69 recommendations that seek to move the discussion beyond counting deaths to understanding the broader spectrum of harm and what school district, community, legislative and public safety stakeholders can do about it.
The National Association for Pupil Transportation (NAPT) was among the organizations in attendance at Tuesday’s action plan unveiling. Executive Director and CEO Molly McGee-Hewitt spoke alongside GHSA Executive Director Jonathon Adkins and other dignitaries. NAPT told members in an email Wednesday it is “proud and pleased” to be a part of the national discussion on curbing illegal passing.
Of particular interest to student transporters, NAPT noted the recommendations include urging governors to include school bus safety into their Triennial Highway Safety plans, encouraging school districts to implement school bus stop-arm enforcement programs and training school bus drivers to identify unsafe motorist behaviors.
The action plan recommendations include more serious treatment of illegal passing offenses by judges, increased speed limit enforcement in school zones, implementation of walking school buses, and improving post-crash care.
For years, national conversations have centered on the relatively small number of children killed at the bus stop each year. Historically, more than 1,200 children have died in loading and unloading zones, Meyers noted. According to the annual National School Bus Loading and Unloading Survey, which originated in 1970, most of those fatalities were reported in the first decades of the study based on police reports of school bus incidents. But in the decades since, the annual numbers have fallen to a handful a year, though school buses can be just as responsible for fatalities as illegally passing motorists are, if not more so.
Still, Meyers said that focusing on fatalities alone obscures the scale of risk. He pointed to the estimate by the National Association of State Directors of Pupil Transportation Services (NASDPTS) that 39 million illegal passes of school buses could occur annually. The national action plan noted that figure equates to each school bus in the U.S. being illegally passed once every three days.
“Forty million times a year someone illegally passes a school bus and creates a very dangerous environment for those kids,” Meyers said. “Most of the time, a child isn’t struck. But that doesn’t mean there isn’t harm.”
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Summit participants in December explored a largely unquantified middle ground between fatal crashes and clean stops: Non-fatal injuries that may never be captured in formal crash databases, and near-miss events that inflict lasting psychological trauma on students who narrowly avoid being hit — or witness shocking roadway incidents from inside the bus.
BusPatrol has videos from school bus clients that show a student slip in the roadway as a vehicle brakes inches from their face, or an illegally passing tanker truck runs off the road, flips and rolls over, showering the scene in debris.
“Those kids will forever associate getting on and off the bus with the moment they thought they might be killed,” Meyers said, adding that adults attending the summit recounted traumatic incidents from their own childhoods that still affect them decades later.
The action plan urges policymakers and industry leaders to recognize that these experiences are safety outcomes in their own right, even if they do not result in a recorded fatality or “serious injury” in traditional datasets.
Defining and Documenting Near Misses
If injuries are hard to count, near misses are even harder. Yet they are central to understanding risk and trauma.
Current national estimates of illegal passing rely heavily on NASDPTS’ annual one-day survey. Approximately 1,000 school bus drivers in three dozen states manually tallied illegal passes in a single day last spring, and NASDPTS extrapolated results for a figure that indicates how many illegal passes could be happening nationwide across a 180-day school year. That approach has proven useful for counting violations, but not for categorizing the severity of risk.
Meyers suggested adding a category for near-misses, a working definition of which could include any incident where a child or caregiver approaching or leaving the bus has their path impeded by a vehicle that should have stopped, including situations where the person must stop short, hurry or run, or physically jump or move out of the way.
He acknowledged that some stakeholders might prefer a narrower definition that focuses solely on more dramatic, evasive actions.
“The real trauma tends to come from the more extreme events,” he said. “A 7-year-old pausing safely at the end of their driveway while a car rolls by at 20 miles an hour is one thing. A child who slips and falls as a car skids to a stop inches from them is another.”
Options already being used or explored include leveraging onboard cameras and integrated analytics to automatically flag incidents, where a vehicle passes during loading or unloading with a child in the roadway or at the curb, and encouraging school districts to develop internal reporting processes for near-miss incidents, whether or not police or medical responders are involved.
Still, any expansion of data collection will have to navigate the same privacy and policy constraints that currently limit broader data sharing.
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Measuring Injuries: Who Owns Illegal Passing Data and Who Can Use It?
One of the central questions raised by the summit and the action plan is how to meaningfully track injuries linked to illegal passing at school bus stops.
Meyers said BusPatrol video cameras are installed on more than 40,000 buses nationwide, a number he added is growing by the month. The company estimates that about 10 percent of the national school bus fleet now operates with some form of stop-arm enforcement camera, including those provided by other vendors.
According to Meyers, 36 states currently have some form of law authorizing automated stop-arm enforcement, with more considering legislation. And several states are actively discussing enabling or expanding stop-arm enforcement authority.
Individual school districts and local agencies see their own violation and incident data. But BusPatrol and other vendors are in a unique position to perceive trends across jurisdictions. That does not mean they can simply publish a national injury and near-miss dataset.
“Each state and each community has their own rules and regulations around the data,” Meyers explained. “Some of it can be shared. In other places, it can’t. In New York, for example, there are significant limits on what can be shared and how.”
Privacy laws, public records rules, contract language and concerns around personally identifiable information all restrict the sharing and aggregation of footage and related records. The result, according to Meyers, is a patchwork.
The action plan effectively calls on federal and state authorities—including GHSA, the National Transportation Safety Board and the National Highway Traffic Safety Administration, to lead efforts that would: Clarify how stop-arm cameras and incident data may be used for research and safety analysis, not only enforcement; encourage or authorize states to allow carefully structured data-sharing between vendors, school districts and central repositories; and develop consistent definitions and reporting protocols for bus stop injuries and related outcomes.
Meyers said BusPatrol would welcome participating in such efforts but emphasized that vendors alone should not define the narrative. Instead, the focus should be on solving the problem.
“All we’re really asking is for people to take an extra 15 seconds and stop for the bus,” he said. “They’re big, they’re yellow, they have flashing lights and stop signs. They’re meant to be seen. If we all respect that, we can eliminate a tremendous amount of trauma, injury and death.”
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