Ticketed for Passing School Buses in a Parking Lot
A parent was at their child's school, trying to park in a parking space. Four buses were lined up in front of the school, loading students in a designated loading zone. The parent had to get to the other side of the school buses to get to the parking lot. The students do not have to step into the parking lot to get onto a bus, and there were no pedestrians in the parking lot. The buses are usually sitting for ten to fifteen minutes, so waiting for them to leave was not a good option. When the parent passed the buses to get to the parking area, the school resource officer ran out and gave the parent a ticket for passing the school buses, New Hampshire RSA 265:54. Does the parent have a defense to the ticket?
Re: Ticketed for Passing School Buses in a Parking Lot
Quote:
Quoting New Hampshire Revised Statutes, Sec. 265:54 Overtaking and Passing School Bus.
I. The driver of a vehicle upon a way upon meeting or overtaking from either direction any school bus, plainly marked with school bus signs or such other distinguishing identification as the director may require, which has stopped on the highway for the purpose of receiving or discharging school children shall stop his or her vehicle before reaching such school bus at least 25 feet away from such school bus. The driver shall not proceed until such school bus resumes motion, or until flashing red lights cease to operate. I-a. Testimony under oath from the school bus driver or other witness that a vehicle failed to stop and remain stopped as required by paragraph I shall be sufficient evidence to prove that the owner of the vehicle was driving and has violated the provisions of paragraph I, unless such evidence is rebutted or contradicted. I-b. Except as provided in paragraph IV, a person who violates the provisions of paragraph I shall be guilty of a violation and shall be fined $150 plus penalty assessment for a first offense, and shall be fined not less than $250 nor more than $1,000 for a subsequent offense. In addition, the director may suspend the person's license to drive or nonresident driving privilege for a period of 30 days for a second or subsequent offense.
II. Whenever road conditions and space permit and whenever the number of vehicles following a moving school bus is 5 or more, the driver of the school bus shall pull over and let the following vehicles pass. A driver passing the school bus must do so without driving any part of his vehicle to the left of or across any unbroken painted line marked on the highway.
III. The driver of a vehicle upon a divided highway with separate roadways need not stop when meeting or passing a school bus which is traveling in the opposite direction on the other half of the divided highway, or when upon a controlled access highway if a school bus is stopped in a loading zone which is part of or adjacent to such highway and pedestrians are not permitted to cross the roadway.
IV. Except as provided in paragraph III, no driver of a vehicle who is required to stop his or her vehicle in accordance with paragraph I shall overtake and pass a school bus on the right. A person who violates the provisions of this paragraph shall be guilty of a violation and shall be fined $500 plus penalty assessment. In addition, the director shall suspend the person's license to drive or nonresident driving privilege for a period of up to 30 days for a first offense. For a second or subsequent offense, the person must appear before the court and shall be fined not less than $500 nor more than $1,200 plus penalty assessment. The director shall suspend the person's license to drive or nonresident driving privilege for a period of 30 days for a second offense, and for a period of not less than 30 days nor more than 120 days for a third or subsequent offense.
Looking at the definition of "Way" at Sec. 259.125 of the revised statutes, I think a strong argument can be made that a parking lot is distinct from a highway.
The issue that may exist here, however, is that the ticketed offense did not occur in the parking lot, proper, but appears to have occurred in a road or drive that leads up to the parking lot. It is difficult to believe that the parking lot has only one entrance, behind which cars must queue up for fifteen or twenty minutes during loading and unloading, and during which no other vehicle may leave the parking lot. So Depending upon the exact layout and the exact nature of the location at which the violation is alleged to have occurred, the case against the driver could be stronger than if the violation in fact occurred within a parking lot.