School buses, drivers to stop for, when--signs required onbuses--crossing control arm--bus driver responsibilities--driveridentity rebuttable presumption, when (Jessica's Law).
304.050. 1. The driver of a vehicle upon a highway upon meeting orovertaking from either direction any school bus which has stopped on thehighway for the purpose of receiving or discharging any school children andwhose driver has in the manner prescribed by law given the signal to stop,shall stop the vehicle before reaching such school bus and shall notproceed until such school bus resumes motion, or until signaled by itsdriver to proceed.
2. Every bus used for the transportation of school children shallbear upon the front and rear thereon a plainly visible sign containing thewords "school bus" in letters not less than eight inches in height. Eachbus shall have lettered on the rear in plain and distinct type thefollowing: "State Law: Stop while bus is loading and unloading". Eachschool bus subject to the provisions of sections 304.050 to 304.070 shallbe equipped with a mechanical and electrical signaling device approved bythe state board of education, which will display a signal plainly visiblefrom the front and rear and indicating intention to stop.
3. Every school bus operated to transport students in the publicschool system which has a gross vehicle weight rating of more than tenthousand pounds, which has the engine mounted entirely in front of thewindshield and the entrance door behind the front wheels, and which is usedfor the transportation of school children shall be equipped no later thanAugust 1, 1998, with a crossing control arm. The crossing control arm,when activated, shall extend a minimum of five feet six inches from theface of the front bumper. The crossing control arm shall be attached onthe right side of the front bumper and shall be activated by the samecontrols which activate the mechanical and electrical signaling devicesdescribed in subsection 2 of this section. This subsection may be cited as"Jessica's Law" in commemoration of Jessica Leicht and all other Missourischoolchildren who have been injured or killed during the operation of aschool bus.
4. Except as otherwise provided in this section, the driver of aschool bus in the process of loading or unloading students upon a street orhighway shall activate the mechanical and electrical signaling devices, inthe manner prescribed by the state board of education, to communicate todrivers of other vehicles that students are loading or unloading. A publicschool district shall have the authority pursuant to this section to adopta policy which provides that the driver of a school bus in the process ofloading or unloading students upon a divided highway of four or more lanesmay pull off of the main roadway and load or unload students withoutactivating the mechanical and electrical signaling devices in a mannerwhich gives the signal for other drivers to stop and may use the ambersignaling devices to alert motorists that the school bus is slowing to astop; provided that the passengers are not required to cross any trafficlanes and also provided that the emergency flashing signal lights areactivated in a manner which indicates that drivers should proceed withcaution, and in such case, the driver of a vehicle may proceed past theschool bus with due caution. No driver of a school bus shall take on ordischarge passengers at any location upon a highway consisting of four ormore lanes of traffic, whether or not divided by a median or barrier, insuch manner as to require the passengers to cross more than two lanes oftraffic; nor shall any passengers be taken on or discharged while thevehicle is upon the road or highway proper unless the vehicle so stopped isplainly visible for at least five hundred feet in each direction to driversof other vehicles in the case of a highway with no shoulder and a speedlimit greater than sixty miles per hour and at least three hundred feet ineach direction to drivers of other vehicles upon other highways, and onall highways, only for such time as is actually necessary to take on anddischarge passengers.
5. The driver of a vehicle upon a highway with separate roadways neednot stop upon meeting or overtaking a school bus which is on a differentroadway, or which is proceeding in the opposite direction on a highwaycontaining four or more lanes of traffic, or which is stopped in a loadingzone constituting a part of, or adjacent to, a limited or controlled accesshighway at a point where pedestrians are not permitted to cross theroadway.
6. The driver of any school bus driving upon the highways of thisstate after loading or unloading school children, shall remain stopped ifthe bus is followed by three or more vehicles, until such vehicles havebeen permitted to pass the school bus, if the conditions prevailing make itsafe to do so.
7. If any vehicle is witnessed by a peace officer or the driver of aschool bus to have violated the provisions of this section and the identityof the operator is not otherwise apparent, it shall be a rebuttablepresumption that the person in whose name such vehicle is registeredcommitted the violation. In the event that charges are filed againstmultiple owners of a motor vehicle, only one of the owners may be convictedand court costs may be assessed against only one of the owners. If thevehicle which is involved in the violation is registered in the name of arental or leasing company and the vehicle is rented or leased to anotherperson at the time of the violation, the rental or leasing company mayrebut the presumption by providing the peace officer or prosecutingauthority with a copy of the rental or lease agreement in effect at thetime of the violation. No prosecuting authority may bring any legalproceedings against a rental or leasing company under this section unlessprior written notice of the violation has been given to that rental orleasing company by registered mail at the address appearing on theregistration and the rental or leasing company has failed to provide therental or lease agreement copy within fifteen days of receipt of suchnotice.
8. Notwithstanding the provisions in section 301.130, RSMo, everyschool bus shall be required to have two license plates.
(L. 1949 p. 329 § 1, A.L. 1958 2d Ex. Sess. p. 175, A.L. 1965 p. 486, A.L. 1985 H.B. 288, et al., A.L. 1986 H.B. 1405, A.L. 1997 S.B. 315)
Effective 7-1-98
CROSS REFERENCE:
Penalty provisions for certain violations of this section, RSMo 304.070
(2004) Section is not unconstitutionally vague under due process clause as to whether it only applies to four-lane highways, and term "plainly visible" is not vague where evidence confirmed the absence of any visibility. State v. Dunn, 147 S.W.3d 75 (Mo.banc).
School buses, drivers to stop for, when--signs required onbuses--crossing control arm--bus driver responsibilities--driveridentity rebuttable presumption, when (Jessica's Law).
304.050. 1. The driver of a vehicle upon a highway upon meeting orovertaking from either direction any school bus which has stopped on thehighway for the purpose of receiving or discharging any school children andwhose driver has in the manner prescribed by law given the signal to stop,shall stop the vehicle before reaching such school bus and shall notproceed until such school bus resumes motion, or until signaled by itsdriver to proceed.
2. Every bus used for the transportation of school children shallbear upon the front and rear thereon a plainly visible sign containing thewords "school bus" in letters not less than eight inches in height. Eachbus shall have lettered on the rear in plain and distinct type thefollowing: "State Law: Stop while bus is loading and unloading". Eachschool bus subject to the provisions of sections 304.050 to 304.070 shallbe equipped with a mechanical and electrical signaling device approved bythe state board of education, which will display a signal plainly visiblefrom the front and rear and indicating intention to stop.
3. Every school bus operated to transport students in the publicschool system which has a gross vehicle weight rating of more than tenthousand pounds, which has the engine mounted entirely in front of thewindshield and the entrance door behind the front wheels, and which is usedfor the transportation of school children shall be equipped no later thanAugust 1, 1998, with a crossing control arm. The crossing control arm,when activated, shall extend a minimum of five feet six inches from theface of the front bumper. The crossing control arm shall be attached onthe right side of the front bumper and shall be activated by the samecontrols which activate the mechanical and electrical signaling devicesdescribed in subsection 2 of this section. This subsection may be cited as"Jessica's Law" in commemoration of Jessica Leicht and all other Missourischoolchildren who have been injured or killed during the operation of aschool bus.
4. Except as otherwise provided in this section, the driver of aschool bus in the process of loading or unloading students upon a street orhighway shall activate the mechanical and electrical signaling devices, inthe manner prescribed by the state board of education, to communicate todrivers of other vehicles that students are loading or unloading. A publicschool district shall have the authority pursuant to this section to adopta policy which provides that the driver of a school bus in the process ofloading or unloading students upon a divided highway of four or more lanesmay pull off of the main roadway and load or unload students withoutactivating the mechanical and electrical signaling devices in a mannerwhich gives the signal for other drivers to stop and may use the ambersignaling devices to alert motorists that the school bus is slowing to astop; provided that the passengers are not required to cross any trafficlanes and also provided that the emergency flashing signal lights areactivated in a manner which indicates that drivers should proceed withcaution, and in such case, the driver of a vehicle may proceed past theschool bus with due caution. No driver of a school bus shall take on ordischarge passengers at any location upon a highway consisting of four ormore lanes of traffic, whether or not divided by a median or barrier, insuch manner as to require the passengers to cross more than two lanes oftraffic; nor shall any passengers be taken on or discharged while thevehicle is upon the road or highway proper unless the vehicle so stopped isplainly visible for at least five hundred feet in each direction to driversof other vehicles in the case of a highway with no shoulder and a speedlimit greater than sixty miles per hour and at least three hundred feet ineach direction to drivers of other vehicles upon other highways, and onall highways, only for such time as is actually necessary to take on anddischarge passengers.
5. The driver of a vehicle upon a highway with separate roadways neednot stop upon meeting or overtaking a school bus which is on a differentroadway, or which is proceeding in the opposite direction on a highwaycontaining four or more lanes of traffic, or which is stopped in a loadingzone constituting a part of, or adjacent to, a limited or controlled accesshighway at a point where pedestrians are not permitted to cross theroadway.
6. The driver of any school bus driving upon the highways of thisstate after loading or unloading school children, shall remain stopped ifthe bus is followed by three or more vehicles, until such vehicles havebeen permitted to pass the school bus, if the conditions prevailing make itsafe to do so.
7. If any vehicle is witnessed by a peace officer or the driver of aschool bus to have violated the provisions of this section and the identityof the operator is not otherwise apparent, it shall be a rebuttablepresumption that the person in whose name such vehicle is registeredcommitted the violation. In the event that charges are filed againstmultiple owners of a motor vehicle, only one of the owners may be convictedand court costs may be assessed against only one of the owners. If thevehicle which is involved in the violation is registered in the name of arental or leasing company and the vehicle is rented or leased to anotherperson at the time of the violation, the rental or leasing company mayrebut the presumption by providing the peace officer or prosecutingauthority with a copy of the rental or lease agreement in effect at thetime of the violation. No prosecuting authority may bring any legalproceedings against a rental or leasing company under this section unlessprior written notice of the violation has been given to that rental orleasing company by registered mail at the address appearing on theregistration and the rental or leasing company has failed to provide therental or lease agreement copy within fifteen days of receipt of suchnotice.
8. Notwithstanding the provisions in section 301.130, RSMo, everyschool bus shall be required to have two license plates.
(L. 1949 p. 329 § 1, A.L. 1958 2d Ex. Sess. p. 175, A.L. 1965 p. 486, A.L. 1985 H.B. 288, et al., A.L. 1986 H.B. 1405, A.L. 1997 S.B. 315)
Effective 7-1-98
CROSS REFERENCE:
Penalty provisions for certain violations of this section, RSMo 304.070
(2004) Section is not unconstitutionally vague under due process clause as to whether it only applies to four-lane highways, and term "plainly visible" is not vague where evidence confirmed the absence of any visibility. State v. Dunn, 147 S.W.3d 75 (Mo.banc).
School buses, drivers to stop for, when--signs required onbuses--crossing control arm--bus driver responsibilities--driveridentity rebuttable presumption, when (Jessica's Law).
304.050. 1. The driver of a vehicle upon a highway upon meeting orovertaking from either direction any school bus which has stopped on thehighway for the purpose of receiving or discharging any school children andwhose driver has in the manner prescribed by law given the signal to stop,shall stop the vehicle before reaching such school bus and shall notproceed until such school bus resumes motion, or until signaled by itsdriver to proceed.
2. Every bus used for the transportation of school children shallbear upon the front and rear thereon a plainly visible sign containing thewords "school bus" in letters not less than eight inches in height. Eachbus shall have lettered on the rear in plain and distinct type thefollowing: "State Law: Stop while bus is loading and unloading". Eachschool bus subject to the provisions of sections 304.050 to 304.070 shallbe equipped with a mechanical and electrical signaling device approved bythe state board of education, which will display a signal plainly visiblefrom the front and rear and indicating intention to stop.
3. Every school bus operated to transport students in the publicschool system which has a gross vehicle weight rating of more than tenthousand pounds, which has the engine mounted entirely in front of thewindshield and the entrance door behind the front wheels, and which is usedfor the transportation of school children shall be equipped no later thanAugust 1, 1998, with a crossing control arm. The crossing control arm,when activated, shall extend a minimum of five feet six inches from theface of the front bumper. The crossing control arm shall be attached onthe right side of the front bumper and shall be activated by the samecontrols which activate the mechanical and electrical signaling devicesdescribed in subsection 2 of this section. This subsection may be cited as"Jessica's Law" in commemoration of Jessica Leicht and all other Missourischoolchildren who have been injured or killed during the operation of aschool bus.
4. Except as otherwise provided in this section, the driver of aschool bus in the process of loading or unloading students upon a street orhighway shall activate the mechanical and electrical signaling devices, inthe manner prescribed by the state board of education, to communicate todrivers of other vehicles that students are loading or unloading. A publicschool district shall have the authority pursuant to this section to adopta policy which provides that the driver of a school bus in the process ofloading or unloading students upon a divided highway of four or more lanesmay pull off of the main roadway and load or unload students withoutactivating the mechanical and electrical signaling devices in a mannerwhich gives the signal for other drivers to stop and may use the ambersignaling devices to alert motorists that the school bus is slowing to astop; provided that the passengers are not required to cross any trafficlanes and also provided that the emergency flashing signal lights areactivated in a manner which indicates that drivers should proceed withcaution, and in such case, the driver of a vehicle may proceed past theschool bus with due caution. No driver of a school bus shall take on ordischarge passengers at any location upon a highway consisting of four ormore lanes of traffic, whether or not divided by a median or barrier, insuch manner as to require the passengers to cross more than two lanes oftraffic; nor shall any passengers be taken on or discharged while thevehicle is upon the road or highway proper unless the vehicle so stopped isplainly visible for at least five hundred feet in each direction to driversof other vehicles in the case of a highway with no shoulder and a speedlimit greater than sixty miles per hour and at least three hundred feet ineach direction to drivers of other vehicles upon other highways, and onall highways, only for such time as is actually necessary to take on anddischarge passengers.
5. The driver of a vehicle upon a highway with separate roadways neednot stop upon meeting or overtaking a school bus which is on a differentroadway, or which is proceeding in the opposite direction on a highwaycontaining four or more lanes of traffic, or which is stopped in a loadingzone constituting a part of, or adjacent to, a limited or controlled accesshighway at a point where pedestrians are not permitted to cross theroadway.
6. The driver of any school bus driving upon the highways of thisstate after loading or unloading school children, shall remain stopped ifthe bus is followed by three or more vehicles, until such vehicles havebeen permitted to pass the school bus, if the conditions prevailing make itsafe to do so.
7. If any vehicle is witnessed by a peace officer or the driver of aschool bus to have violated the provisions of this section and the identityof the operator is not otherwise apparent, it shall be a rebuttablepresumption that the person in whose name such vehicle is registeredcommitted the violation. In the event that charges are filed againstmultiple owners of a motor vehicle, only one of the owners may be convictedand court costs may be assessed against only one of the owners. If thevehicle which is involved in the violation is registered in the name of arental or leasing company and the vehicle is rented or leased to anotherperson at the time of the violation, the rental or leasing company mayrebut the presumption by providing the peace officer or prosecutingauthority with a copy of the rental or lease agreement in effect at thetime of the violation. No prosecuting authority may bring any legalproceedings against a rental or leasing company under this section unlessprior written notice of the violation has been given to that rental orleasing company by registered mail at the address appearing on theregistration and the rental or leasing company has failed to provide therental or lease agreement copy within fifteen days of receipt of suchnotice.
8. Notwithstanding the provisions in section 301.130, RSMo, everyschool bus shall be required to have two license plates.
(L. 1949 p. 329 § 1, A.L. 1958 2d Ex. Sess. p. 175, A.L. 1965 p. 486, A.L. 1985 H.B. 288, et al., A.L. 1986 H.B. 1405, A.L. 1997 S.B. 315)
Effective 7-1-98
CROSS REFERENCE:
Penalty provisions for certain violations of this section, RSMo 304.070
(2004) Section is not unconstitutionally vague under due process clause as to whether it only applies to four-lane highways, and term "plainly visible" is not vague where evidence confirmed the absence of any visibility. State v. Dunn, 147 S.W.3d 75 (Mo.banc).
