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Minnesota Statute 169.444
Safety of School Children; Duties of Other
Drivers
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Source:
Minnesota Office of the Revisor of Statutes
Subdivision 1. Children
getting on or off school bus.
When a school bus is stopped on a street or
highway, or other location where signs have
been erected under section
169.443,
subdivision 2 , paragraph (b),
and is displaying an extended stop-signal
arm and flashing red lights, the driver of a
vehicle approaching the bus shall stop the
vehicle at least 20 feet away from the bus.
The vehicle driver shall not allow the
vehicle to move until the school bus
stop-signal arm is retracted and the red
lights are no longer flashing.
Subd. 1a. Passing
on right. No person may pass or attempt
to pass a school bus in a motor vehicle on
the right-hand, passenger-door side of the
bus when the school bus is displaying the
prewarning
flashing amber signals as required in
section
169.443, subdivision 1.
Subd. 2.
Violations by drivers; penalties. (a) A
person who fails to stop a vehicle or to
keep it stopped, as required in subdivision
1, or who violates subdivision 1a, is guilty
of a misdemeanor punishable by a fine of not
less than $300.
(b) A person is guilty of a gross
misdemeanor if the person fails to stop a
motor vehicle or
to keep it stopped, as required in
subdivision 1, or who violates subdivision
1a, and commits
either or both of the following acts:
(1) passes or attempts to pass the school
bus in a motor vehicle on the right-hand,
passenger-door side of the bus; or
(2) passes or attempts to pass the school
bus in a motor vehicle when a school child
is outside
of and on the street or highway used by the
school bus or on the adjacent sidewalk.
Subd. 3.
Prosecutor. (a) The attorney in the
jurisdiction in which the violation occurred
who is responsible for prosecution of
misdemeanor violations of this section shall
also be responsible for prosecution of gross
misdemeanor violations of this section.
(b) When an attorney responsible for
prosecuting gross misdemeanors under this
section
requests criminal history information
relating to prior convictions under this
section from a court,
the court must furnish the information
without charge.
Subd. 4.
Exception for separated roadway. (a)
A person driving a vehicle on a street or
highway with separated roadways is not
required to stop the vehicle when
approaching or meeting a school bus that is
on a different roadway.
(b) "Separated roadway" means a road that is
separated from a parallel road by a safety
isle
or safety zone.
Subd. 5.
Cause for arrest. A peace officer may
arrest the driver of a motor vehicle if the
peace officer has probable cause to believe
that the driver has operated the vehicle in
violation of subdivision 1 or 1a within the
past four hours.
Subd. 6.
Violation; penalty for owner or lessee.
(a) If a motor vehicle is operated in
violation of subdivision 1 or 1a, the owner
of the vehicle, or for a leased motor
vehicle the lessee of the vehicle, is guilty
of a petty misdemeanor.
(b) The owner or lessee may not be fined
under paragraph (a) if (1) another person is
convicted for that violation, or (2) the
motor vehicle was stolen at the time of the
violation.
(c) Paragraph (a) does not apply to a
lessor of a
motor vehicle if the
lessor keeps a record of
the name and address of the lessee.
(d) Paragraph (a) does not prohibit or limit
the prosecution of a motor vehicle operator
for
violating subdivision 1 or 1a.
(e) A violation under paragraph (a) does not
constitute grounds for revocation or
suspension
of the owner's or lessee's driver's license.
Subd. 7.
Evidentiary presumption. (a) There is a
rebuttable
presumption that signals
described in section
169.442
were in working order and operable when a
violation of subdivision 1, 1a, 2, or 5 was
allegedly committed, if the signals of the
applicable school bus were inspected and
visually found to be in working order and
operable within 12 hours preceding the
incident giving rise to the violation.
(b) There is a
rebuttable presumption that a motor
vehicle outwardly equipped and identified
as a school bus satisfies all of the
identification and equipment requirements of
section
169.441
when a violation of subdivision 1, 1a, 2, or
5 was allegedly committed, if the applicable
school
bus bears a current inspection certificate
issued under section
169.451.
Subd. 8.
Scheduling cases. When necessary or
desirable to ensure that a school bus driver
who witnessed or otherwise can provide
relevant information concerning a violation
of this section is available to be present
at a court proceeding held to determine an
alleged violation of this section, the court
administrator shall schedule the proceeding
to be held between the hours of 10:00 a.m.
and 2:00 p.m.
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