Understanding VTL 1174(a): Failed to Stop for School Bus

Please note that this page is limited to tickets issued by a police officer at a traffic stop. For tickets issued by a camera, visit this page.

Vehicle & Traffic Law § 1174(a) concerns the violation of passing a school bus. Both sides of traffic, even if going in opposite directions, must wait for the stop sign to retreat before moving. The only exception to the above rule is if a police officer otherwise directs you around the bus. In the absence of this, a driver who overtakes a school bus when it is stopped will receive a serious ticket if viewed by a police officer.

How Much Is a VTL 1174(a) Failed to Stop for School Bus Ticket in NY?

A first-offense VTL 1174(a) conviction carries a fine of $250 to $400, plus a mandatory surcharge, up to 30 days in jail, and 8 DMV points. Judges may impose a fine, jail time, or both, and penalties increase sharply for repeat offenses within three years.

• Fine and surcharge: $250-$400 for a first offense, plus a mandatory $88 (city courts) or $93 (justice courts) surcharge. The exact amount is up to the Judge's discretion.
• Points: A conviction carries 8 points on your driver's license.
• Jail: Up to 30 days. Judges can assign a fine, a term of imprisonment, or both for this offense. Unless this was an egregious instance of this VTL, jail time is unlikely to be imposed.
• Repeat offenses: A second offense within three years raises the range to $600-$750 with up to 180 days in jail. A third offense within three years raises it further to $750-$1,000, also with up to 180 days in jail.

VTL 1174(a) — Statute

The language of VTL § 1174(a) reads:

§ 1174. Overtaking and passing school bus. (a) The driver of a vehicle upon a public highway, street or private road upon meeting or overtaking from either direction any school bus marked and equipped as provided in subdivision twenty of section three hundred seventy-five of this chapter which has stopped on the public highway, street or private road for the purpose of receiving or discharging any passengers, or which has stopped because a school bus in front of it has stopped to receive or discharge any passengers, shall stop the vehicle before reaching such school bus when there is in operation on said school bus a red visual signal as specified in subdivision twenty of section three hundred seventy-five of this chapter and said driver shall not proceed until such school bus resumes motion, or until signaled by the driver or a police officer to proceed. For the purposes of this section, and in addition to the provisions of section one hundred thirty-four of this chapter, the term "public highway" shall mean any area used for the parking of motor vehicles or used as a driveway located on the grounds of a school or of a board of cooperative educational services facility or any area used as a means of access to and egress from such school or facility.

1174(a) Police Ticket vs. 1174-A Bus Camera Ticket

VTL § 1174(a) penalizes drivers who fail to stop for a stopped school bus with flashing red lights. A first-time violation issued by a police officer carries a $250–$400 fine, a state surcharge, up to 30 days in jail, and 5 to 8 license points. A camera-based ticket via VTL § 1174-A is a civil penalty with a $250 fine and zero license points.

General Rules in New York

• You must stop from either direction when approaching a school bus with active red lights and an extended stop-arm on public roads or multi-lane highways.
• Repeat offenses under subsection (a) within a 3-year window escalate fine amounts up to $1,000 and increase potential jail terms.

Disputing a VTL 1174(a) Ticket

School bus tickets are treated seriously by courts and prosecutors, so any defense must be strong. The main defense focuses on the specific statutory elements of the law. Possible defenses include: the officer's vantage point did not allow a clear view of the bus's red visual signals; the red signal lights were not actually activated at the time the vehicle passed; the location did not qualify as a "public highway, street or private road" under the statute's definition; or the vehicle was misidentified.

Benjamin Goldman Law Office

The Benjamin Goldman Law Office has handled many passing school bus tickets. We are a law firm that fights traffic tickets across New York State. Our attorneys have successfully handled VTL 1174(a) charges in Queens and Colonie, among other places. Most motorists do not purposefully pass a school bus. Many of our clients have had some sort of defense, which we incorporated in our representation to the court. We are willing to take on your passing school bus charges. It does not matter if you have a good excuse or no excuse for passing the school bus. You can get in touch with us to discuss. Consultations are free.

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