A woman in Plymouth, Massachusetts, was arrested after nearly hitting a child while illegally passing a school bus.

According to a statement issued by the Plymouth Police Department, on Nov. 22 at approximately 8:45 a.m. officers received a report of a motor vehicle that had utilized the caller’s circular driveway to pass a school bus while it had its red lights activated.

A video provided by the caller clearly showed a white SUV using the driveway to pass the lawfully stopped school bus while it was picking up students. According to authorities, further review of the video showed the SUV nearly striking the caller’s 10-year-old son.

Officials state that as a result of the follow-up investigation, Plymouth Police arrested 59-year-old Brenda Mello on Nov. 29, charging her with failure to stop for school bus, reckless operations of a motor vehicle, and assault by means of a dangerous weapon.

Mello was reportedly expected to be arraigned in Plymouth Court on Wednesday.

Related: Georgia Gov Signs Law Following Fatal Illegal Passing Incident
Related: (STN Podcast E220) The Future: Bus Garage Tech, Illegal Passing Survey, Radios for Safety
Related: School Bus Illegal Passings Continue Increase Nationwide, NASDPTS Survey Finds
Related: Massachusetts Woman Charged After Illegally Passing School Bus, Critically Injuring Child

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The National Highway Traffic Safety Administration (NHTSA) released a 190-page report that reviews laws across the U.S. detailing motorist requirements when passing stopped school buses.

State Laws on School Bus Passing was released as a Congress directive to NHTSA as part of the Infrastructure Investment and Jobs Act and researched laws in all 50 states, the District of Columbia, Guam, Puerto Rico and the U.S. Virgin Islands. This followed results earlier this year from the annual National Association of State Directors of Pupil Transportation Services (NASDPTS) illegal passing survey, which estimated over 43.5 million illegal school bus passes occurred during the 2022-2023 school year, prompting further review of state laws.

“Illegal passings of stopped school buses loading and unloading students in violation of these laws are frequent and can lead to serious pedestrian-involved crashes resulting in injury or death,” the report states.

The findings of the report included variability in state laws regarding illegal passing, different penalties for offenders, challenges in enforcement, as well as best practices and recommendations.

The report also detailed the history of illegal passing related legislation, which dates back 90 years. A section of the Uniform Vehicle Code was added in 1934 that required motorists to slow to “a speed which is reasonable and prudent … and in no event in excess of 10 miles per hour” when passing a stopped school bus. That law was modified several times and resulted in today’s general nationwide requirement across all states that flashing yellow or amber lights signals motorists of an upcoming stop while flashing red lights and an extended stop arm indicate that motorists make a full stop and remain stopped until the red lights cease and the stop arm folds and returns to the side of the bus.

NHTSA stated that recent changes in various state laws about whether motorists should stop for a school bus on the other side of a divided highway can cause issues. “Unfortunately, the lack of clarity and consistency in the presentation of these laws, particularly the provisions related to divided highways and the need to stop for a school bus on school property can be confusing,” the report stated.

Following research of state laws, NHTSA said it found that all U.S. jurisdictions “require a motorist to stop while overtaking from behind a stopped school bus regardless of the road type (undivided or divided).” The differing requirements were in cases where a motorist is approaching the stopped school bus from the front, with 42 states requiring motorists should also stop if approaching from the front on an undivided highway. Some states require a stop only if the undivided highway has a certain number of lanes, which continues to add to the lack of clarity and cohesiveness between states.

The effectiveness of illegal passing laws is discussed in depth in the NHTSA’s Reducing the Illegal Passing of School Buses: Best Practices Guide, which was referenced multiple times in the report. Findings from that guide included permitting citizen reports of violations, although this could lead to inaccurate reporting. Illegal passing incidents can be difficult to track for other reasons, including a lack of police presence in high violation areas, insufficient evidence, and issues with camera placement and operating.

Only 24 states or territories currently allow the use of cameras to enforce illegal passing, and of those 24 there are varying criteria about whether the driver’s face must be identifiable in the violation footage.

“While it is theoretically possible a wide variety of laws in a given state could impact stop-arm camera effectiveness, this study did not identify any documented evidence that other laws (i.e., statutes/legal code outside the VTL (Vehicle Traffic Law) pertaining directly to passing of stopped school buses) were impacting stop-arm camera effectiveness,” stated the report. “As the installation of stop-arm camera systems increases across the country, this situation could change.”

There are also differences regarding if a law enforcement officer must witness the violation, whether in person or via review of video footage. Many states were unclear whether direct law enforcement confirmation was required, while others permitted student transportation professionals or software technicians to witnesses. Only 24 state laws specify that a private citizen such as a school bus driver can be a suitable witness to a violation, resulting in enforcement.

Reiterating the importance of clear and unanimous requirements was the recurring theme of the report. “The lack of clarity in drafting the passing law provisions themselves, further compromises the ability of anyone, particularly the typical motorist, to understand these legal requirements,” NHTSA states.

Penalties for motorists convicted of illegally passing a school bus are also widely variable and are not always mandatory. In some states, the report notes, it is up to judicial distraction if the motorist will be penalized. The penalties can range from fines to misdemeanor charges, community service to driver improvement courses, license suspension to jail time. In some states, the violation could also be escalated to a felony if the incident results in serious injury or death. The report says that 26 jurisdictions have increased fines for illegal passing violations. Again, it was noted that there are specific regulations in each state that vary based on repeat violations, injuries, or worse.

NHTSA provided an individual report on each of the 54 U.S. jurisdictions that outlined what constitutes an illegal passing, how a violation can be reported and enforced and possible penalties for the motorists.

“As with many parts of the legal code, finding ways to standardize language and requirements across States could be beneficial to improve motorist understanding and possibly compliance with laws surrounding illegal passing of stopped school buses,” the report recommends.

The NHTSA guide looked at data from different states and territories, and it found that addressing illegal passing needs to be a “two-pronged” effort which brings together education of drivers, students and motorists along with effective, consistent enforcement of laws.

The NHTSA guide was encouraged as a resource that outlines program ideas to reduce illegal passing incidents, including strategies such as educational programs, high visibility enforcement and frequent, ongoing evaluations & research to find if current practices are “actually effective for reducing illegal passing of stopped school buses and the best methods to implement such programs.”

Related: NHTSA Releases Estimates on Traffic Fatalities
Related: Addy’s Law in Georgia, Targets Illegal Passers of School Buses
Related: 6 Student Deaths Reported in Latest School Bus Loading, Unloading Survey

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Three students were struck and killed by their own school bus and another three were similarly killed by illegal passing motorists during the 2023-2024 school year, according to a national survey of states.

The National School Bus Loading and Unloading Survey results were shared on Sunday by Keith Dreiling, the state director of the school bus safety unit at the Kansas State Department of Education, during the annual meeting of the National Association of State Directors of Pupil Transportation Services in Arlington, Virginia. The six fatalities are double the amount reported by states for the 2022-2023 school year.

Two of last year’s fatalities occurred in New York. Both students there were killed by their school bus. An 8-year-old boy was struck on Jan. 29 by his school bus and killed by the right rear wheel after he reportedly ran in front of the vehicle as it was pulling into its loading zone at school. A 5-year-old girl was killed nearly three weeks later on Feb. 16, after she unloaded from her school bus and crossed in front of it. The school bus driver reportedly did not see her and began to accelerate, striking the girl and knocking her to the pavement. The bus continued forward and the left rear wheels killed the girl.

The other fatality caused by the school bus occurred on Jan. 17 in Florida, where a boy exited the vehicle and then dropped a football. He crawled beneath the school bus to retrieve it and in the process was struck and killed by the right rear dual wheels.

The three illegal passing fatalities occurred in Alabama, Georgia and Texas. The Alabama and Texas incidents involved 15-year-old students, the former a subject of a high-profile investigation by the National Transportation Safety Board. A 15-year-old girl was in her front yard on Oct. 23, 2023, and about to board her morning school bus, when a truck following the school bus failed to stop, swerved to the right, and continued into the girl’s path, striking her and then her house.

The Texas fatality occurred on Dec. 7 last year, when an 18-wheel, tractor-trailer truck struck a vehicle in front of it that was properly stopped for the school bus. The truck driver then swerved to the right and struck the 15-year-old boy after he exited his bus.

An 8-year-old Georgia girl died on Feb. 4, three days after being hit by an illegally passing oncoming motorist as she was attempting to board her school bus. The incident resulted in Addy’s Law, signed by Gov. Brian Kemp in April, to increase the fine for illegal school bus passers and add a prison term.

The school buses in the Alabama, Georgia and Texas incidents all had their red lights flashing and stop arms activated at the time of the collisions.

All U.S. states and the District of Columbia responded to the Kansas State Department of Education survey except New Jersey and Rhode Island, which refused to participate. The six recorded fatalities equal the amount reported for the 2021-2022 school year. The incidents all occurred in dry road conditions, with three occurring in daylight, two at dusk and one at dawn. Five of the fatalities occurred in clear weather conditions while one occurred in cloudy conditions.

The survey began in 1970 and has been conducted every year since. About 73 percent of the 1,273 total student fatalities recorded over the 54-year survey were students 9 years of age or younger. School buses have accounted for 717 of the total fatalities compared to 502 by illegally passing motorists and 54 categorized as “other information.” Sixty-four percent of all fatalities occurred during the morning commute to school.

Related: Louisiana 7-Year-Old Hit, Killed by School Bus
Related: Georgia Student Struck and Killed by Passing Vehicle
Related: Alabama High School Student Killed While Waiting for School Bus

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School is back in session, and students have returned to classes on foot, bicycles, in cars and school buses. That means safety challenges and risks are back, too. Motorists are rushing to drop off kids and get to work. Traffic and congestion cause stress, and that changes driver behavior around schools and school buses.

When you compare your first day of school to today’s environment, is there an improvement in performance, optimization and a reduction in stress? School buses have been rolling for a month or so in most parts of the country, and the topic of safety remains top of mind.

A recent report from the National Association of Elementary School Principals (NAESP) revealed that nearly 60 percent of parents expressed concerns about their children’s safety, specifically citing issues related to school bus safety, pedestrian crossings, and overall traffic management around schools.

Additionally, a national poll on children’s health published by the C.S. Mott Children’s Hospital found that 48 percent of parents said their children walk through an area consisting of passenger vehicles picking up or dropping off students, with 28 percent saying they think it is likely a child will get hurt near a car or bus drop-off area.

According to the most recent National Association of State Directors of Pupil Transportation Services one-day illegal passing survey, 66,322 motorists were observed by 98,065 participating school bus drivers in 35 states violating laws to keep students safe while loading and unloading. NASDPTS extrapolated that 45.2 million illegal passing violations could occur during a 180-day school year nationwide. That is an increase of over 6 percent based on last year’s data.

Interestingly, more illegal passing incidents were observed during the afternoon routes than morning routes. Most incidents occurred on the left side of the bus, but shockingly, we still see illegal passing occurring on the right side. These instances are especially dangerous because that is where students board and exit. Nearly 15,000 more oncoming motorists passed school buses than those following behind.

According to the 2022-2023 National School Bus Loading and Unloading Survey, 1,267 student fatalities have occurred over its 53-year history. Nearly three-quarters of these children were 9 years old or younger.

Last month, the Auto Club reminded drivers to slow down and stay alert in and around school zones as well as in other areas where children might be present. It noted that crashes are one of the leading causes of death for school-aged children. The afternoon hours are particularly dangerous. Nearly one-third of child pedestrian fatalities occur between 3 p.m. and 7 p.m. That jibes with the NASDPTS survey results.

So, how do we improve safety on and around the school bus? I recommend starting with the parents as they have a vested interest in their child’s safety. The burden of school bus safety can’t fall solely on school transportation and the school bus driver.

Jeff Cassell from the School Bus Safety Company provided several recommendations to help prevent accidents around school buses. He emphasized minimizing crossovers whenever possible, educating students on safe crossing practices, informing parents about these procedures, ensuring school bus drivers enforce them, and considering an extended stop arm to better capture the attention of other motorists.

He also suggested specific morning and afternoon guidelines for students and parents. In the morning, students should wait at least 10 feet from the edge of the roadway, look at the driver after the bus comes to a stop, cross only when signaled by the driver, and walk directly across without running. In the afternoon, students should walk 10 feet away from the bus, move 10 feet ahead of the bus or crossing gate, look at the driver, and cross only when signaled. They should always check for traffic and wait if uncertain about moving vehicles. By following these tips, you can significantly reduce the risk of crossing accidents.

I recommend highlighting in your calendars School Bus Safety Week on October 21-25. It’s a great time to bring awareness to the dangers that exist around schools and school buses. Remember to always keep your school bus drivers, students and parents informed about safe behaviors around the school bus. I wish you a safe and successful school year!

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Related: (STN Podcast E228) Freedom From Risk: How Districts Can Protect Students in the School Bus Danger Zone
Related: Free Training Program to Prevent Danger Zone Child Fatalities

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Jeff Cassell, industry veteran and president of the School Bus Safety Company, joins Tony and Ryan to take a look at recent injuries and fatalities around school buses, and what the industry can do to improve student safety.

Read more about safety and get your free copy of the School Bus Safety Company’s Danger Zones bus driver training program.

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Baltimore County Schools in Maryland now have external cameras designed to catch motorists who illegally pass the school bus when students are boarding or exiting the bus, reported WYPR News.

The district teamed with the local police department to install cameras from an Alabama-based company AngelTrax ahead of the first day of school.

The article states that a 2018 statewide survey identifying illegal passing indicated that Baltimore County ranked second in the number of drivers who ignored flashing lights and stop arms on local school buses.

Chief of Police Robert McCullough said that during a one-day study last school year, over 387 cars pass school buses in Baltimore County. “It’s a much-needed program so we can protect our students,” said McCullough.

Motorists caught on camera will receive written warnings in the mail for the next month as implementation of cameras continues. After that, each violation will come with a $250 fine. The AngelTrax partnership will also upgrade existing internal cameras and streamline video footage availability.

Most of the revenue will go toward funding the camera system itself and the remaining 40 percent will reportedly go to the Baltimore County government to be distributed to the school district.

McCullough told local news reporters that the aim of this technology would be to deter dangerous driving habits and further enhance the safety of students and communities

Both AngelTrax and county police officers will review each video marked as a violation. Motorists can expect to receive notification within 10 days infraction being captured.

Related: Stop Arm Violation Enforcement Systems – Not All Created Equal
Related: (STN Podcast E220) The Future: Bus Garage Tech, Illegal Passing Survey, Radios for Safety
Related: Florida Allows School Bus Illegal Passing Video Enforcement
Related: Addy’s Law in Georgia, Targets Illegal Passers of School Buses

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A new school year begins with a new law as Georgia Gov. Brian Kemp signed a bill with one of the highest minimum fines for passing a school bus in the nation.

In April, the legislature passed “Addy’s Law” to fine motorists at least $1,000 and imprison them for up to a year when convicted of illegally passing a school bus. The law took effect on July 1.

This law is named after 8-year-old Adalynn Pierce, who was hit and killed while attempting to board her school bus in February. According to local news, her family advocated for stricter punishment after she died.

The Georgia Department of Education states on its website that “all drivers are required to stop when meeting or overtaking a stopped school bus that has its red lights flashing and its stop arm extended when loading or unloading passengers.”

Additionally, an online graphic explains different situations a driver can potentially run into while driving near a stopped school bus.

For instance, when a bus is stopped in a two lane, vehicles traveling in both directions must also stop. When a bus stops on a multi-lane paved road, vehicles traveling in both directions must stop. Lastly, when a bus is stopped in a divided highway by dirt, grass or barrier media, then vehicles behind the must stop, while motorists traveling in the opposite direction can continue driving but must use caution.

The National Association of State Directors of Pupil Transportation reported that the estimated number of motorists who illegally pass school buses had risen around 4 percent last school year nationwide. The data shows that approximately 9,189 Georgia motorists  illegally passed a stopped school bus during a voluntary one-day count in the spring.

The Georgia fine is tied for the nation’s largest minimum amount. The Utah legislature passed a bill to increase its minimum fine for illegal passing to $1,000 in May.

According to AARP, the state with the lowest illegal passing fine is Wisconsin at $30. However, the most common fines in states are approximately $250 to $500.

Additionally, Addy’s law also requires public school districts to prioritize bus routes to avoid having student cross-roads that have a speed limit of more than 40 mph.

A survey conducted by AAA says 41 percent off Georgians admitted to driving over the speed limit while in an active school zone. Thirty percent admitted to using a hand-held cell phone while in an active school zone

Lee County Schools Superintendent Dr. Kathleen Truitt told local news reporters that 17 of the 64 routes in their district have been changed since Addy’s Law was signed. The school district is working towards ensuring its students’ safety.

Related: Georgia Gov Signs Law Following Fatal Illegal Passing Incident
Related: (STN Podcast E220) The Future: Bus Garage Tech, Illegal Passing Survey, Radios for Safety
Related: School Bus Illegal Passings Continue Increase Nationwide, NASDPTS Survey Finds
Related: Caught on Camera: The Growing Wave of Stop-Arm Enforcement

In addition, Verra Mobility, a company that focuses on smart mobility technology created a school bus stop-arm program in Georgia with the aim of enhancing safety in school zones. This program uses cameras to capture when a vehicle passes a stopped school bus within an enforcement zone.

The images and videos captured by the camera are sent to be reviewed by law enforcement and if a violation is found, the registered owner will receive a citation by mail

A Verra Mobility spokesperson told STN that the program has issued more than 98,000 citations for illegally passing a stopped school bus during the 2023-2024 school year. However, because citations are shown to change a driver’s behavior, the number of tickets issued decreased as the school year went on.

“Verra Mobility’s Georgia stop-arm program collectively saw a 52 percent reduction in citations from illegal school bus passing from the beginning of the school year vs the end” stated the spokesperson. “Some programs witnessed as much as a 70 percent reduction in illegal school bus passing”

Atlanta Public Schools is one of the Georgia districts that showed a significant reduction in citations with 64 percent when comparing the first month of school with the last .

The program showed that 98 percent of people who received a citation for passing a stopped school bus, did not receive a second citation.

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