News & Insights

In recent history, the school bus industry nationwide has made a significant push to educate the general public of the requirements to stop for the yellow bus. While there does appear to have been some progress in decreasing illegal passing, a recent study from the National Association of State Directors of Pupil Transportation (NASDPTS) shows that there was a total of 39.3 million illegal passing violations in the US during the 2024-2025 school year.

For decades, Pennsylvania has enforced the illegal passing of a school bus under 75 Pa.C.S.A. §3345. This statute requires any driver meeting or overtaking a school bus that has its red lights flashing and stop arm activated to stop at least ten (10) feet from the start of the bus, until such time the red lights are no longer flashing. 75 Pa.C.S.A. §3345(a). Drivers who do not stop commit a summary offense and, if convicted, are required to pay a $250 fine and $35 surcharge. Drivers convicted under this statute will receive five (5) points and sixty (60) days’ suspension of their license. 75 Pa.C.S.A. §1535(a). Under this statute, school bus drivers must make a written detailed report to law enforcement, and law enforcement must determine if there is a sufficient basis to charge the driver. 75 Pa.C.S.A. §3345(a.1). This often requires school bus drivers to testify as a witness during any proceedings, which can be difficult due to scheduling.

Separately, the state allows enforcement of illegal passing under 75 Pa.C.S.A. §3345.1, which is the law that allows school bus operators to install and operate a side stop signal arm enforcement system. While introduced in 2018, it was most recently updated in December 2023 to clarify school district administration of violations under this section. This law is easier to enforce than its companion 75 Pa.C.S.A. §3345, as recorded images produced by a side stop signal arm are prima facie evidence that the violation occurred. 75 Pa.C.S.A. §3345.1(d). Under this section, the penalty is a fine of $300. 75 Pa.C.S.A. §3345.1(c). There are some defenses for individuals named in the citation, including that they were not actually operating the vehicle at the time, provided that they submit evidence. Notably, enforcement under this section may only occur if the district has an agreement with a police department of the jurisdiction. 75 Pa.C.S.A. §3345.1(g)(3).

         Within the last year, members of the Pennsylvania House and Senate have introduced various bills affecting illegal passing. Two of these bills seek to amend 75 Pa.C.S.A. §3345. Senate Bill 65 proposes to increase the stopping distance before reaching a stopped school bus from fifteen (15) feet to ten (10) feet, and add an increased penalty of $500 for a second and subsequent stop arm offenses. This bill also seeks to penalize drivers for failing to proceed past a school bus with caution and preparing to stop when amber lights are activated, in an amount of $100 for the first violation and $250 for the second violation – in addition to a $35 surcharge—as well as add two (2) points on the violators license. House Bill 1708 proposes to expand illegal passing enforcement to school vans. If passed, this bill would require drivers of school vehicles to activate hazards before stopping, prohibit other drivers from passing a school vehicle from behind, and make the violation a summary offense with an additional penalty of five (5) points on the violators license and a sixty (60) day license suspension. There is also proposed legislation seeking to amend 75 Pa.C.S.A. §3345.1 regarding automated stop signal arms. Senate Bill 1046 seeks to decrease penalties to $100 for the first violation, $200 for a second violation in 12 months, and $300 for a third violation in 12 months, for those violations that are caught by a stop arm enforcement system.

Given the fact that there are multiple statutes and proposed legislative changes addressing illegal passing, it can be difficult to make sense of it all. If you have any specific questions related to the above, contact us at 215-896-3846 or email help@rckelly.com.