Failing To Stop For A School Bus in NY – VTL 1174(a)

We are often asked about New York school bus tickets under Vehicle And Traffic Law Section 1174(a). They are commonly enforced in order to protect you entering and exiting children.

So how much is a ticket for passing a school bus? A New York school bus tickets carry a whopping 5 points and there is a $250 to $400 fine for passing a school bug for a first offense.  For a second conviction for failure to stop for a school bus ticket, the fine is $600 to $750, and for a third conviction, the fine is $750 to $1,000.  The high fine amounts reflect the Legislature’s desire to deter these dangerous violations.

Of course, these ranges of fines do not include the $70 additional New York State surcharge imposed on all moving violations.  Additionally it does not include the Driver Assessment Fee that is imposed on motorists who accumulate 6 or more points on their licenses.  This fee is $300 for 6 points and $75 for every point above 6.  If a motorist has any other points, a school bus conviction will make him or her subject to the Driver Assessment Fee.

Further, if a motorist is convicted of this charge within 3 years of one another, the DMV will impose a 6-month revocation of license and there will be re-instatement fees following the revocation period.

There another issue involving school bus tickets issued under VTL 1174(a).  It is not widely known (or enforced) but a judge can also impose up to 30 days in jail for a first violation, and 180 days for a second or third violation.

One final cost of passing a school bus in NY ticket conviction involves your automobile insurance rates.  By law, a New York insurance company cannot raise your rates for one school bus ticket if you have an otherwise clean record.  For multiple convictions of moving violations, however, your auto insurance rates can be hiked.  The only option to address a hike is to take a Driver Safety Class that takes 10% off your insurance rates.

As you can see, there are many costs associated with school bus tickets.  You therefore should always stop when approaching a stopped school bus.

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247 Comments. Leave new

  • 2 questions if I may, #1 My wife was passing a school bus that turned on the red lights while she was in between the front and rear signs, and she received a ticket. The stop was on a service rd for the Long Island Expressway. She kept going because she thought it would be unsafe to just jam on her breaks on the service rd. Is this worth fighting? #2 She was driving my car, how is it legal to charge me with the fine? If someone kills somebody with my hammer, would I go to jail? By paying this, I am either admitting guilt or if fighting, found guilty, does it go on my driving record?

    Reply
    • Matthew Weiss
      January 18, 2023 8:56 am

      Kevin,

      Yes, it is not worth it for your wife to fight her school bus camera ticket. Camera tickets are near-impossible to beat (watch the photos or videos to see what she did). Further, they do NOT carry points and do not affect your auto insurance rates.

      It is legal to charge you for your wife’s actions because this camera ticket does not affect your driving record. It is akin to a parking ticket where the owner is responsible for the offense.

      Matthew Weiss

      Reply
  • I was going to work a month ago and I was stopped by a bus with several cars ahead of me. I was going south bound the bus was going north bound. Traffic started to flow and the bus proceeded to turn on its yellow lights while pulling over onto to the shoulder of a two lane road. Traffic continued to flow both ways and my assumption was that the bus had mechanical issues. I see this bus all the time and doesn’t regularly stop there and in that way. When I got to the nose of the bus with the nose of my car, the red stop sign came out. I didn’t have time to stop as I would have stopped around half way around the length of the bus. Just got a ticket for this in the mail. The bus had a camera which shows clearly shows the bus was on the shoulder. I plan on taking this to court but was wondering if I need an attorney for this and if found guilty would I get points on my license? I plan on taking some video of this bus to show that this wasn’t a normal thing this bus does. Do you also think I stand a chance with the judge?

    Reply
    • Matthew Weiss
      October 29, 2022 8:00 am

      Ryan,

      A school bus ticket issued by a police officer carries 5 points. However, if you received it in the mail, then it sounds like a camera school bus ticket which carries 0 points. With camera tickets, there should be photographic evidence of you violating the law. You want to examine that before deciding whether to take it to trial. Good luck!

      Matthew Weiss

      Reply
  • Its been 3 years since i had a ticket for non stop for a school bus but i still have 5 points on my record. Will it go away?
    Thanks!!

    Reply
    • Matthew Weiss
      October 18, 2022 7:40 pm

      Denis,

      Points only last for 18 months from the date of offense.

      With that said, the conviction remains on your record for life.

      Matthew Weiss

      Reply
  • Please help me, I got a violation of passing the bus when the bus is full stop and no red lights flashing and bus seem empty, look like it just parking, should I fight for it? Thanks

    Reply
    • Matthew Weiss
      July 21, 2022 5:11 pm

      Jean,

      You should definitely fight it. Under New York law, the bus must be displaying its lights and stop sign for you to ilegally pass it.

      Good luck!

      Matthew Weiss

      Reply
  • Hello, this morning I was on my way to work in East New York. I work in a school. As I was passing a school, a large bus turned in front of a car in front of me and the car left because the bus did not use its yellow lights. I also passed, and when I was passing, he signaled for the school bus to stop. A policeman stopped me and gave me a citation. But I didn’t stop the car that passed in front of me? I don’t know what to do. Is this the first time the police have stopped me? That I have to do?

    Reply
    • Matthew Weiss
      May 17, 2022 9:26 am

      Joselyn,

      The failure to stop the other drive is not a good defense. Police officers cannot stop everyone.

      However, we still recommend that you plead not guilty. This is the only way to possibly obtain a more favorable outcome.

      Matthew Weiss

      Reply
  • Hi,

    Would the 5 points apply on my license if I received the ticket for passing a school bus through their cameras?

    Reply
  • Gerald Borriello
    June 19, 2021 6:39 am

    Does the law apply when on a Highway with a divider?

    Reply
    • Matthew Weiss
      June 20, 2021 12:17 am

      Gerald Borriello,

      I do not think so but have never heard of a school bus picking up or discharging passengers on a highway.

      Matthew Weiss

      Reply
  • Edenfantasys
    August 5, 2019 2:51 am

    The record of unlawfully failing to stop for a school bus will also make it impossible to get any job that requires a clean driving record and will send auto insurance rates skyrocketing for most motorists who are convicted of this violation.

    Reply
  • Just received citation 1174A (failure to stop for a school bus) in Staten Island, NY. I was proceeding north, and the bus was in the southbound lane. The school bus had just pulled over while I passed it – by the time I cleared the rear of the bus, its flashers went on and its stop sign was extended. Since I had passed the bus, I proceeded on my route only to be pulled over a few blocks away. When the cop approached to basically berate me, I explained that I had already passed the bus when its signal system went on – I was not “meeting or overtaking”, as the law reads. The cop argued that I was in the wrong, even though he did agree that I had passed the school bus when its signal system turned on. Do I have a defense in regard to the position/location of my vehicle? Or, should I just plead Guilty and spend my time in a defensive drivers class to reduce these points?

    Reply
    • Matthew Weiss
      April 14, 2018 3:23 am

      Jack,

      You should fight it. If the officer testifies that you passed the bus BEFORE its lights illuminated and stop signs extended, you can win. Meanwhile, the best practice is not to pass a school bus when it starts to stop. The safety of children is more important than rushing passed it.

      Good luck!

      Matthew Weiss

      Reply

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