Special Needs Bus Blocking Traffic

**ebc** · 05-20-2010, 05:24 AM

My question involves a traffic ticket from the state of: Pennsylvania

In our neighborhood we have a special needs child who is brought home by a small yellow bus. It does not have markings of a school, but it has the flashing lights and the stop sign arm that is the same as any schoolbus.

The bus drops off the child everyday literally into her driveway by means of a hydrolic lift. This takes a minimum of five minutes. Then the driver assists the parent into the house and usually stays inside for about another five minutes. So in total, by the time the bus stops, it is 10 to 15 minutes before the driver gets back in the bus and resumes the road.

I'm wondering if this is proper procedure to keep the flashing lights on in this way and block traffic for this amount of time. Especially since the hydrolic lift places the child on her driveway.

There are no other children who exit the bus. There is no chance the child could be injured unless a car drove onto the sidewalk.

Thank you for any information.

**vincedia** · 05-21-2010, 05:10 AM

With no ordinance to prevent stopping or standing, then they can do just that.

Talk to your local police station and suggest they keep an eye out for blocked traffic. If it happens the same time every day, monitoring the situation should be no problem.

If no law exists to prevent this behavior you can petition your local government to make a new law or ordinance preventing this. Talk to your local city or town council. Take pictures and video of the event every time you see it. Bring this with you to a council meeting and demand they do something about it.

Or you could just avoid that spot at that time of day....

**mamabear2102003** · 05-21-2010, 07:22 AM

Is the driveway big enough for the bus to safely enter and depart the residence? This may be a viable solution if so. However, if it's not (remember, the bus will then have to back up into the road), then the safest solution is what the driver is currently doing. Another consideration is the length of time that this has been happening, as it may be a new driver that is becoming familiar with running the lift and safely on/off boarding the child. You can call the bus garage and ask what procedures are supposed to be followed, the time periods etc, and voice your concerns.

**ebc** · 05-22-2010, 08:30 PM

Thanks for the info!

**ebc** · 07-02-2010, 10:10 AM

A few days ago someone told me school bus laws do not apply unless the bus is specifically marked "School Bus" and the letters have to be a certain height. Can anyone cite the law. I have done quite a search including phone calls to transportation authority and police. Good luck getting them to cite or direct you to the source. Again I am looking for where it is CITED in PA law. I have enough now of other people's beliefs/opinions. Thank you.

**blewis** · 07-02-2010, 10:45 AM

The general requirements for "school buses" can be found in 75 Pa.C.S. § 4552. However, you also should look at 75 Pa.C.S. § 4553 (a)(2), which permits "other" types of buses to have lights and "shall be considered school buses...." I did not look any deeper into it, but it looks to me that you're at a "dead end" with that argument.

Barry

**mamabear2102003** · 07-02-2010, 10:49 AM

You sound frustrated, but honestly, is there not an alternative route that you can take to avoid the situation? This is a special child that we are talking about, and they require special services.

With more and more schools going to privatization of busing, situations such as this are only going to escalate throughout the country. We have not had public school busing for many years, and the small amount available is through the public transit system. They are not marked as 'School Bus', but they carry children nonetheless, and we have been informed that the same rules apply. Yes, I'm in Michigan, however, does the life and welfare of a child count any less in PA? Can you tell me that your 'inconvenience' is any more important than a child who is disabled?

You have been given options, and your lack of compassion is very evident in your posts. If the mentioned options are not suitable to your wants, needs and desires, let me add a new one.....you always have the option to move to a different neighborhood where you won't be inconvenienced. I truly hope that if you should ever have a challenged child that those in your life are more understanding.

**ebc** · 07-02-2010, 12:55 PM

Thanks very much for comments that were relevant as far as answering my question.

To those who felt the need to editorialize and ignorantly pass judgment, I will say this has become more a point of curiosity to me than anything else. It's been over six weeks since last post, and I hadn't given it much thought until someone mentioned it the other day. As I wrote, the subject came up and I wanted to know the truth. You may pass judgment on how the subject came up or how consumed I am about it but you would likely be wrong. Anyway because of what that person told me, I had some interest in it again.

Of course as a practical concern, if I don't have to sit behind something for 5+ minutes then I won't. Will I be careful and attentive passing? Yes. If waiting is the law will I obey it? Certainly. But as I mentioned back in May, there is another bus in my neighborhood that is built the same and performs the exact same service except this bus is white instead of yellow. It picks up elderly disabled people instead of school-age disabled children. Cars and trucks pass by without even stopping while it's loading and unloading like it's no big deal. And they do it because is no big deal. Compassion? There is absolutely no way passing poses any threat of injury. Consequently there are no laws on the books against it. More than anything else that probably says it all.

And if you think the difference is that a disabled child or any school-age child for that matter might succeed in escaping through a closed bus door or manage to leap over a hydraulic lift and run into traffic, well I guess you can think that.

Expert Law can be a good resource although occasionally you will have people who are unable to police themselves from posting judgmental comments that only serve to make themselves feel better I suppose. Of course as they say, you get what you pay for.

I will no longer be following this thread. Among other things, it isn't nearly as much interest to me as apparently some people here believe. Thanks again for all past and present relevant information.