Several years ago, parents and teachers demanded stricter enforcement of CVC 22454, the law that regulates passing a school bus. Starting in 1998, they got their wish and thousands of parents and teachers were cited and fined $510 for passing a school bus while dropping off their kids or driving to work. Be careful what you wish for.
It is only illegal to pass a school bus if all three of the following conditions exist: the bus’ red lights are flashing, the bus is stopped to load or unload children, and the bus’ stop sign arm is extended. Most parents and teachers cited under this law did pass a school bus whose red lights were flashing. However, in many cases the bus was still moving or its stop sign was not yet extended. A fine of $510 is especially steep when you did not actually break the law.
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STATEMENT OF FACTS
Defendant’s Name: Fred Nietzsche
Case No.: S780824
I respectfully submit this written declaration to the Court pursuant to CVC 40902. I plead Not Guilty to the charge of violating CVC 22454.
The facts of my case are as follows: While driving on Chatsworth by Point Loma High at 0730 on 10-7-98, I was stopped by SDPD Officer Mochyn (ID 1614) and was charged with violating CVC 22454. Officer Mochyn (I.D.#1234) wrote on my citation that I was “Passing School Bus w/Red Lights Flashing.” I had just dropped off my boys at school and was proceeding down the hill (west) on Chatsworth as the school bus approached in the opposite lane coming up the hill (east) on Chatsworth.
As I passed the bus it was still driving up the hill and the driver had turned on the flashing lights, as the officer stated, but the bus’ stop sign was not extended so I reasonably assumed that it was safe to pass and did so. I always look out for the stop sign and always stop when it is extended. Also, since the bus was still moving when I passed it, it was clear to me that no child would be put at risk since passengers do not generally alight from a moving vehicle. It is clear to me that I endangered no one. After reading the statute I was charged with violating in the California Vehicle Code, it is also clear to me that I committed no offense.
CVC 22454 School bus.: “Meeting and Passing: The driver of any vehicle, upon meeting or overtaking, from either direction any school bus. equipped with signs as required in this code, that is stopped for the purpose of loading or unloading any schoolchildren and displays a flashing red signal and stop arm, if equipped with a stop signal arm, visible from front or rear, shall bring the vehicle to a stop immediately before passing the schoolbus….”
The bus I passed was equipped with a stop signal arm that was not being displayed as I passed. On my citation, the Officer correctly mentions that only the red flashing lights were flashing as I passed the bus. Based on this undisputed fact alone, I am clearly not in violation of this law. Also, the bus was still moving when I passed it. The code specifically applies to a bus “stopped for the purpose of loading or unloading schoolchildren.” The fact that the bus was not stopped when I passed it also, in itself, exonerates me in this case.
Having children myself, I would never endanger a child and know that I did not do so in this case. Upon reading the Vehicle Code, I also realized I had not violated the law and wondered if the police were required to even read the code before citing innocent parents like myself with an onerous $406 citation.
Though I now know that the Officer was wrong in citing me in this case, I trust in the Court’s fairness and believe that my citation should be dismissed in the interest of justice.
If the court does not find in my favor in this case, I request a Trial de Novo.
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
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