CHAPTER 12. SCHOOL BUSES; FIRE AND EMERGENCY VEHICLES
IC 9-21-12
Chapter 12. School Buses; Fire and Emergency Vehicles
IC 9-21-12-1
Arm signal device; duty to obey; presumption
Sec. 1. (a) A person who drives a vehicle that:
(1) meets or overtakes from any direction a school bus stoppedon a roadway and is not stopped before reaching the school buswhen the arm signal device specified in IC 9-21-12-13 is in thedevice's extended position; or
(2) proceeds before the arm signal device is no longer extended;
commits the offense described in section 9 of this chapter.
(b) This section is applicable only if the school bus is insubstantial compliance with the markings required by the state schoolbus committee.
(c) There is a rebuttable presumption that the owner of the vehicleinvolved in the violation of this section committed the violation. Thispresumption does not apply to the owner of a vehicle involved in theviolation of this section if the owner routinely engages in thebusiness of renting the vehicle for periods of thirty (30) days or less.
As added by P.L.2-1991, SEC.9. Amended by P.L.127-1993, SEC.2;P.L.1-2005, SEC.104.
IC 9-21-12-2
Operation of school bus upon highway for purposes other thantransportation of children; concealment of markings
Sec. 2. Whenever a school bus is being operated upon a highwayfor purposes other than the actual transportation of children either toor from school or other school related activities, all markings on theschool bus indicating "school bus" shall be covered or concealed.
As added by P.L.2-1991, SEC.9.
IC 9-21-12-3
Divided highways; vehicles approaching school bus; duty to usecaution
Sec. 3. On a highway divided into two (2) or more roadways by:
(1) leaving an intervening space that is unimproved and notintended for vehicular travel;
(2) a physical barrier; or
(3) a dividing section constructed to impede vehicular traffic;and
if the school bus is on the opposite side of the traffic barrier, theperson who drives an approaching vehicle need not stop and mayproceed with due caution for the safety of children boarding orleaving the school bus.
As added by P.L.2-1991, SEC.9.
IC 9-21-12-4
Design and operation of school buses; rules; adoption
Sec. 4. (a) The state school bus committee established by
IC 20-27-3-1 shall adopt and enforce rules that are consistent withthis chapter to govern the design and operation of all school busesused for the transportation of school children that are:
(1) owned and operated by a school corporation; or
(2) privately owned and operated under contract with a schoolcorporation;
in Indiana. Rules adopted under this section shall by reference bemade a part of a contract between a private school bus company anda school corporation.
(b) Each school corporation, the school corporation's officers andemployees, and every person employed under contract by a schooldistrict is subject to the rules adopted under this section.
As added by P.L.2-1991, SEC.9. Amended by P.L.1-2005, SEC.105.
IC 9-21-12-5
Railroad crossings; duty to stop
Sec. 5. (a) This section does not apply to the following:
(1) A street railway grade crossing within a business orresidence district.
(2) Abandoned or unused railroad grade crossings that are:
(A) designated by the Indiana department of transportationunder IC 8-6-15-2; and
(B) marked with a "tracks out of service" sign that complieswith the requirements of IC 8-6-15-3.
(b) A person who drives:
(1) a motor vehicle carrying passengers for hire;
(2) a school or private bus that is carrying passengers; or
(3) a vehicle carrying explosive substances or flammable liquidsas a cargo or part of a cargo;
shall, before crossing at grade a track of a railroad, stop the vehiclenot more than fifty (50) feet and not less than fifteen (15) feet fromthe nearest rail of the railroad.
(c) While stopped in accordance with subsection (b), the personshall do the following:
(1) Listen through an open window or door.
(2) Look in both directions along the track for an approachingtrain or other on-track equipment and for signals indicating theapproach of a train or other on-track equipment.
(3) Not proceed until the person can proceed safely.
After stopping, the person shall cross only in a gear of the vehicle sothere will be no necessity for changing gears while traversing thecrossing. The person who drives the vehicle may not shift gearswhile crossing the track or tracks.
(d) If a police officer or traffic control signal directs traffic toproceed at a railroad crossing, the person who drives a vehiclesubject to this section shall proceed in accordance with theinstructions of the police officer or traffic control signal.
As added by P.L.2-1991, SEC.9. Amended by P.L.119-1995, SEC.7;P.L.87-2003, SEC.2; P.L.8-2010, SEC.6.
IC 9-21-12-6
Fire department hoses on streets or driveways; consent to cross
Sec. 6. A street car or vehicle may not be driven over anunprotected hose of a fire department when laid down on a street,private driveway, or street car track to be used at a fire or alarm offire without the consent of the fire department official in command.
As added by P.L.2-1991, SEC.9.
IC 9-21-12-7
Fire apparatus responding to alarm; following or driving into sameblock; prohibited vehicles
Sec. 7. A person who drives a vehicle that is not on officialbusiness may not do any of the following:
(1) Follow any fire apparatus traveling in response to a firealarm at a distance closer than five hundred (500) feet.
(2) Drive into or park a vehicle within the block where fireapparatus has stopped in answer to a fire alarm.
As added by P.L.2-1991, SEC.9.
IC 9-21-12-8
Violation of duty to stop at railroad crossings; fine; suspension ofdriving privileges
Sec. 8. A person who is convicted of a violation of section 5 ofthis chapter shall, in addition to the fine and costs that are assessedagainst the person, have the person's driving privileges suspended fora period of not less than sixty (60) days.
As added by P.L.2-1991, SEC.9.
IC 9-21-12-9
Violations of IC 9-21-12-1 or IC 9-21-12-2
Sec. 9. A person who violates section 1 of this chapter commitsa Class A infraction. A person who violates section 2 of this chaptercommits a Class C misdemeanor.
As added by P.L.2-1991, SEC.9. Amended by P.L.127-1993, SEC.3.
IC 9-21-12-10
Violation of provisions relating to design and operation of schoolbuses; breach of contract
Sec. 10. A person who violates section 4 of this chapter commitsbreach of contract.
As added by P.L.2-1991, SEC.9.
IC 9-21-12-11
Violations
Sec. 11. (a) A person who violates section 5, 6, 7, or 19 of thischapter commits a Class C infraction.
(b) A person who knowingly or intentionally violates section 12,13, 14, 15, 16, or 17 of this chapter commits a Class C misdemeanor.
(c) A person described in section 18(b), 18(c), or 18(d) of thischapter commits a Class B infraction.As added by P.L.2-1991, SEC.9. Amended by P.L.1-2005, SEC.25;P.L.231-2005, SEC.3; P.L.107-2006, SEC.3; P.L.39-2009, SEC.1.
IC 9-21-12-12
School bus loading and unloading on highway
Sec. 12. When a school bus is operated on a highway, the drivershall load and unload a student as close as practical to the right-handcurb or edge of the roadway.
As added by P.L.1-2005, SEC.26.
IC 9-21-12-13
School bus; arm signal device
Sec. 13. (a) Except:
(1) as provided in subsection (b); or
(2) when a school bus is stopped at an intersection or anotherplace where traffic is controlled by a traffic control device or apolice officer;
whenever a school bus is stopped on a roadway to load or unload astudent, the driver shall use an arm signal device, which must beextended while the bus is stopped.
(b) The governing body of a public school may authorize a schoolbus driver to load or unload a student at a location off the roadwaythat the governing body designates as a special school bus loadingarea. The driver is not required to extend the arm signal device whenloading or unloading a student in the designated area.
As added by P.L.1-2005, SEC.27.
IC 9-21-12-14
School bus; directional signal
Sec. 14. Before a driver changes the direction of a school bus, thedriver shall use a directional signal to indicate the change at least onehundred (100) feet before the driver turns.
As added by P.L.1-2005, SEC.28.
IC 9-21-12-15
School bus; flashing lights
Sec. 15. The driver of a school bus shall use flashing lights asprescribed by the state school bus committee to give adequatewarning that the school bus is stopped or about to stop on theroadway to load or unload a student.
As added by P.L.1-2005, SEC.29.
IC 9-21-12-16
Forward area of school bus off limits to children
Sec. 16. When a school bus is in motion, students are prohibitedfrom occupying any space forward of a vertical plane drawn throughthe rear of the driver's seat and perpendicular to the longitudinal axisof the bus. Every school bus must:
(1) be marked with a line or otherwise equipped in order toindicate the prohibited area to students; and (2) have clearly posted, at or near the front of the bus, a signstating that it is a violation of Indiana law for a school bus to beoperated with any students occupying the prohibited area.
As added by P.L.1-2005, SEC.30.
IC 9-21-12-17
School bus and special purpose bus; stop required at railroadcrossing; driver penalties
Sec. 17. (a) Except as provided in subsection (b), before crossingany railroad track at grade, the driver of a school bus or specialpurpose bus shall stop the bus within fifty (50) feet but not less thanfifteen (15) feet from the nearest rail. While the bus is stopped, thedriver shall:
(1) listen through an open door;
(2) look in both directions along the track for an approachingtrain or other on-track equipment; and
(3) look for signals indicating the approach of a train or otheron-track equipment.
The driver may not proceed until it is safe to proceed. When it is safeto proceed, the driver shall select a gear that will allow the driver tocross the tracks without changing gears. The driver may not shiftgears while crossing the tracks.
(b) The driver is not required to stop when a police officer isdirecting the flow of traffic across railroad tracks.
(c) Upon conviction of a violation of this section, a driver shallhave the driver's operator's license suspended for a period of not lessthan sixty (60) days in addition to the penalties provided by section11 of this chapter.
As added by P.L.1-2005, SEC.31. Amended by P.L.107-2006, SEC.4;P.L.145-2009, SEC.4; P.L.8-2010, SEC.7.
IC 9-21-12-18
School bus and special purpose bus; obstruction of emergency exitsand doors prohibited; driver penalties; employer penalties
Sec. 18. (a) Whenever a school bus or special purpose bus is at aplace of departure for transporting passengers, the school bus orspecial purpose bus emergency escape exits, doors, emergency exitwindows, roof exits, and service doors must be free of anyobstruction that:
(1) inhibits or obstructs an exit; or
(2) renders the means of exit hazardous.
(b) A driver who knowingly operates a school bus or specialpurpose bus in violation of subsection (a) is subject to section 11(c)of this chapter.
(c) A person who knowingly directs a driver to operate a schoolbus or special purpose bus in violation of subsection (a) is subject tosection 11(c) of this chapter.
(d) A school corporation or an entity that employs:
(1) a driver who knowingly operates a school bus or specialpurpose bus in violation of subsection (a); or (2) a person who knowingly directs a driver to operate a schoolbus or special purpose bus in violation of subsection (a);
is subject to section 11(c) of this chapter.
As added by P.L.107-2006, SEC.5.
IC 9-21-12-19
School bus and special purpose bus; end of trip inspection
Sec. 19. (a) A person who operates a school bus or a specialpurpose bus shall visually inspect each seat within the interior of theschool bus or special purpose bus at the end of a trip during whichstudents or passengers are transported to determine that no studentor passenger has remained on the school bus or special purpose bus.
(b) The visual inspection required under subsection (a) must beconducted:
(1) at the conclusion of each trip during which students orpassengers are transported; and
(2) before the operator exits the school bus or special purposebus.
(c) A student or passenger is considered to have been left on aschool bus or special purpose bus if:
(1) the operator has reached the end of a trip during whichstudents or passengers are transported and exited the school busor special purpose bus; and
(2) the student or passenger remains inside the school bus orspecial purpose bus.
(d) A school bus or special purpose bus owner shall report allinstances of a student or passenger being left on the school bus orspecial purpose bus to the superintendent or the superintendent'sdesignee immediately after the incident occurred.
(e) The superintendent or the superintendent's designee shallreport all instances of a student or passenger being left on the schoolbus or special purpose bus to the department of education not laterthan five (5) working days after the incident occurred.
As added by P.L.39-2009, SEC.2.