Fight School Bus Camera Tickets: Know Your Rights

Passing a school bus is a serious offence that can result in a hefty fine, points on your license, and even imprisonment. While it is one of the more difficult traffic tickets to fight, with some municipalities not offering plea reductions, there are steps you can take to build a strong case. This includes reviewing video evidence, cross-examining witnesses, and expert witness testimony. In addition, you may be able to request a transfer of liability if someone else was driving your vehicle, or argue that the video evidence does not prove the vehicle was a bus or show it was stopped to pick up or drop off passengers.

Argue the bus was pulling over, not stopping to let children off

If you receive a ticket for passing a school bus, you may be able to argue that the bus was pulling over and not stopping to let children off. This is a valid argument in some states, such as New York, where the law states that you must stop when a school bus flashes its signal lights and extends its stop sign arm. However, if the bus is simply pulling over and has not fully stopped or extended its stop sign arm, you may not be required to stop.

To support this argument, you can review the footage from the school bus camera and look for the following:

• Was the bus fully stopped, or was it still in motion?
• Had the bus extended its stop sign arm, or was it still in the process of doing so?
• Were there any children crossing the road or preparing to get off the bus?
• Was the bus flashing its yellow caution lights or red signal lights?

Additionally, you can argue that you were focused on other potential hazards on the road, such as a car turning left or a child crossing the street, and did not see the school bus stopping in time. You can also check if the bus driver followed proper stopping procedures, such as activating flashing yellow lights before fully stopping and extending the stop sign arm.

It is important to note that the laws regarding passing a stopped school bus may vary by state, so be sure to review the specific laws in your state. Consult a traffic attorney who is familiar with the case law and local judges' interpretations of the law. They can guide you on the best course of action and help you gather evidence to support your argument.

Contest the ticket on the grounds that the bus markings, rear signage, or warning lights were not visible

If you receive a ticket from a school bus camera, it is important to understand the review process and deadlines. Most jurisdictions allow you to contest the ticket if it was issued in error.

One possible ground for contesting a ticket is if the bus markings, rear signage, or warning lights were not visible. This argument has been successfully used in court by lawyer Alfred Croce, III, who contested a $250 ticket in Suffolk County, New York. In his case, Croce argued that the video evidence failed to prove that the vehicle was a bus and did not show that it was stopped to pick up or drop off passengers. Specifically, the video did not capture the vehicle's bus markings, rear signage, or warning lights, and there was no footage of anyone getting on or off the bus. As a result, Croce claimed that the evidence was insufficient to prove a violation.

To build a strong case for contesting a ticket on these grounds, you should gather supporting evidence. This may include photographs, videos, or witness statements that demonstrate the bus markings, signage, or lights were obstructed or not visible. You can also request additional evidence from the issuing authority, such as maintenance records or calibration certificates for the camera.

It is important to act promptly and submit your evidence within the specified timeframe. Failure to meet the deadline may result in the ticket being upheld, and fines may be imposed. If you are unsure about the review process or have questions, it is advisable to seek legal counsel to ensure you are properly navigating the system.

Prove that your car was a safe distance from the bus

If you want to fight a school bus camera ticket, you will need to prove that your car was a safe distance from the bus. Here are some tips to help you with this process:

• Review the footage: Obtain the video footage of the incident and analyse it carefully. Look for any signs that your vehicle was a safe distance away when the bus activated its stop sign. For example, if your car is already parallel with the bus or has passed it within seconds of the stop sign being activated, it could indicate that you were too close to stop safely.
• Understand the laws: Familiarise yourself with the local laws and regulations regarding school bus stops. For instance, in some states, school buses are required to activate their amber/yellow warning lights a certain distance or duration before stopping to allow other drivers to react. If the bus driver failed to follow these procedures, it could strengthen your case.
• Calculate the distance: Measure or estimate the distance between your car and the bus at the time of the incident. If you can demonstrate that your car was significantly farther than the required stopping distance, it may help your case.
• Provide additional evidence: Gather any other evidence that could support your claim, such as photographs, witness statements, or expert testimony. For example, if there were no children visible at the bus stop, it could indicate that the bus was not in the process of loading or unloading passengers.
• Consult an attorney: Consider seeking legal advice from a traffic attorney who is experienced in fighting school bus camera tickets. They can review the evidence, identify any valid defences, and guide you through the court process.
• Request a hearing: Do not pay the fine immediately. Instead, submit a request for a court hearing to contest the ticket. This will give you an opportunity to present your case and argue that your vehicle was a safe distance from the bus.

Remember that the laws and procedures may vary depending on your location, so ensure that you are referring to the relevant state or local regulations. Fighting a school bus camera ticket can be challenging, but with thorough research and a well-prepared case, you may be able to successfully prove that your car was a safe distance from the bus.

Prove that the bus did not give you adequate time to stop

If you want to fight a school bus camera ticket on the grounds that the bus did not give you adequate time to stop, there are a few things you can do. Firstly, it's important to note that school bus laws vary from state to state, so be sure to check the specific laws in your state. In general, however, you may have a valid defence if you can prove that you did not have enough time to stop safely. This could be due to a variety of factors, such as the bus stopping suddenly, the bus driver not following proper procedure, or the bus not providing adequate warning before stopping.

One way to prove that you did not have adequate time to stop is to request the footage from the school bus camera. In some cases, the footage may show that the bus stopped abruptly or that the bus driver did not activate the amber warning lights in enough time for you to react. You can also try to recreate the incident and measure the distance and speed at which you were travelling to demonstrate that it would have been impossible for you to stop in time. Additionally, you can refer to traffic signal guidelines, which specify the minimum amount of time that should be given to drivers to stop safely. If the bus gave you less time than this, it could be considered inadequate.

It is also worth noting that in some states, you are not required to stop for a school bus if you are travelling in the opposite direction on a divided highway or a road with multiple lanes. Therefore, if this applies to your situation, you may be able to fight the ticket on those grounds. However, be sure to check the specific laws in your state, as they can vary.

Finally, if you intend to fight the ticket, it is important to act quickly. In some states, you have a limited amount of time to request a court date and build your case. It is also recommended that you do not pay the fine associated with the ticket, as this could be considered an admission of guilt. Instead, consult with a traffic ticket lawyer who can help you explore your legal options and build a strong defence.

Request a transfer of liability if someone else was driving your car

If you receive a ticket for a school bus camera violation, but someone else was driving your car, you can request a transfer of liability. This process involves completing a statutory declaration form and sending it to the relevant authority. In the case of New Zealand, the form should be sent to the Police Infringement Bureau. The form must be signed and witnessed by an authorised person, such as a Justice of the Peace, Solicitor, or Registrar of the High Court. This process cannot be completed once the notice has been transferred to the Ministry of Justice.

In addition to the statutory declaration, you may need to provide additional information if the user of the vehicle provided false information. This includes the infringement notice number, vehicle details, your name and address, photo identification, and proof that you could not have been the driver.

Frequently asked questions