Passing a Stopped School Bus (TA Section 21‑706)

Maryland law strictly prohibits passing a school bus when it is stopped and operating the required flashing signals and stop‑arm to load or unload children. These cases are taken seriously—by officers, courts, and the public—and must be handled with clear proof and careful mitigation where needed. Still, many cases are defendable when the State’s evidence on lane, distance, or lighting is thin.

The statute: Transportation Article Section 21‑706

TA Section 21‑706 generally requires drivers approaching from either direction on a roadway to stop for a school bus that is stopped and operating alternately flashing red lights and a stop‑arm. Drivers may not proceed until the bus resumes motion or the visual signals are no longer actuated. Exceptions exist for divided highways with physical medians when the bus is on the opposite side.

Officer vs. camera tickets

• Officer‑issued tickets are moving violations and can carry points through Maryland’s points framework.
• Camera‑enforced school‑bus violations are usually civil, mailed to the registered owner, and generally do not add points—but they can still be contested when images or certifications are deficient.

What the State must prove

1. The bus displayed required signals (flashing red lights, stop‑arm)
2. Your vehicle approached from a direction covered by the statute
3. The roadway was not divided in a manner that exempts your movement
4. You failed to stop or proceeded before it was lawful to do so

We focus on lane and roadway configuration (divided vs. undivided), line of sight, lighting and weather, photo clarity for camera cases, and whether the bus’s signals were actually actuated at the relevant moment.

Points, fines, and insurance

Officer‑issued school‑bus violations are moving violations and can assess points. We aim for dismissal where proof falters, or for outcomes that avoid points through reduction or PBJ. Even civil camera tickets are worth challenging when images do not prove a violation.

Defense themes that help

• Divided‑highway exception
• Signal activation timing (when did the red lights and stop‑arm engage?)
• Photo or video quality and lane identification (camera cases)
• Lighting, weather, curvature, and short reaction windows

What to do next

• Do not pay online until we review whether points are possible and whether the State can meet its burden.
• Photograph the roadway, medians, and typical bus stop positions.
• Note time of day, lighting, and any sightline obstructions (parked cars, vegetation).
• Preserve any dash‑cam video.

Outcomes that protect your record

When dismissals aren’t available, we pursue point‑free resolutions tied to driver improvement and credible mitigation. Courts respond to a well‑documented plan, especially for first‑time drivers with clean records.

See the overview at Maryland Traffic Lawyers to understand how points work and why trial settings and PBJ can be critical tools.