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Stopping for School Buses in Private Parking Lots

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  • 08-15-2019, 07:37 PM
    Taxing Matters
    Re: Stopping for School Buses in Private Parking Lots
    Quote:

    Quoting Guybrush
    View Post
    That is hilarious! How in the world can you possibly change MY interpretation when I clearly state what I believe "used by" means.

    You did. You stated:

    Quote:

    Quoting Guybrush
    View Post
    It states where the law of stopping for the school bus applies - and that is anywhere that the bus stops while working in the capacity of school duties such as loading and unloading kids. So technically, if they stop in your bathroom to unload the kids, you have to stop your vehicle as well...because they are USING your bathroom for that purpose.

    And that is wrong for the reasons I've already articulated. So no, I'm not changing your interpretation. I'm taking the interpretation you've stated and explaining why a court would not accept your interpretation of what the statute says. If trying to mock my answer is your best reply then it seems you really don't have any good argument to make on the actual legal issue.

    By the way, I think I get why you'd think the statute should be read that way. It would seem natural in protecting the kids that the legislature should have made the law read that anywhere the bus is unloading school kids with the stop sign out and lights flashing that the law ought to mandate all the vehicles around the bus stop and wait for the kids to get out. A number of states do have their laws written that way, and I don't fault you for thinking that must be the case in Tennessee, too. But for whatever reason, that is not how the Tennessee legislature wrote the law. And the courts have to apply it as the legislature wrote it. If the legislature wants a different rule, it is free to amend the law to get the result it wants.
  • 08-20-2019, 07:17 PM
    adam_
    Re: Stopping for School Buses in Private Parking Lots
    Quote:

    Quoting jk
    View Post
    rather than not complying with the lights, how about contacting the school and asking they don’t use the lights where they are not legally applicable. It would be safer for the kids.

    lol

    To use the standard EL argument: If they did that, the first kid killed 'when lights might have helped even if not legally applicable' will result in a massive lawsuit.

    School likely knows the lights arent legally binding all the time, and just has a policy of 'lights on when kids are moving'



    ON ANOTHER ASPECT:

    If a parking lot is (say) 500 feet by 500 feet....and a bus is somewhere inside said parking lot, how does one define 'passing'? Unlike a 'highway' where there is a physical roadway, do the painted lines within a parking lot now become little roadways?

    Or is it just safer to not move anywhere in a parking lot, no matter the size, when a bus is loading/unloading as this would be the safest? Just draw a line perpendicular to the buses axis of travel, extend this to the ends of the lot, and do not cross this line even if hundreds of feet away....

    ;)
  • 08-20-2019, 07:30 PM
    zeljo
    Re: Stopping for School Buses in Private Parking Lots
    Quote:

    Quoting adam_
    View Post
    lol

    To use the standard EL argument: If they did that, the first kid killed 'when lights might have helped even if not legally applicable' will result in a massive lawsuit.

    School likely knows the lights arent legally binding all the time, and just has a policy of 'lights on when kids are moving'



    ON ANOTHER ASPECT:

    If a parking lot is (say) 500 feet by 500 feet....and a bus is somewhere inside said parking lot, how does one define 'passing'? Unlike a 'highway' where there is a physical roadway, do the painted lines within a parking lot now become little roadways?

    Or is it just safer to not move anywhere in a parking lot, no matter the size, when a bus is loading/unloading as this would be the safest? Just draw a line perpendicular to the buses axis of travel, extend this to the ends of the lot, and do not cross this line even if hundreds of feet away....

    ;)

    Yes, that would be the right thing to do. Anything less would be putting those kids' lives at risk over a short wait ;)
  • 08-20-2019, 11:50 PM
    B.Frank
    Re: Stopping for School Buses in Private Parking Lots
    :glee:
  • 08-21-2019, 10:57 AM
    adam_
    Re: Stopping for School Buses in Private Parking Lots
    Quote:

    Quoting zeljo
    View Post
    Yes, that would be the right thing to do. Anything less would be putting those kids' lives at risk over a short wait ;)

    "right" is for a different forum

    THIS forum is for the LEGAL thing to do....
  • 08-21-2019, 05:07 PM
    jk
    Re: Stopping for School Buses in Private Parking Lots
    Quote:

    Quoting adam_
    View Post
    lol

    To use the standard EL argument: If they did that, the first kid killed 'when lights might have helped even if not legally applicable' will result in a massive lawsuit.

    School likely knows the lights arent legally binding all the time, and just has a policy of 'lights on when kids are moving'



    ON ANOTHER ASPECT:

    If a parking lot is (say) 500 feet by 500 feet....and a bus is somewhere inside said parking lot, how does one define 'passing'? Unlike a 'highway' where there is a physical roadway, do the painted lines within a parking lot now become little roadways?

    Or is it just safer to not move anywhere in a parking lot, no matter the size, when a bus is loading/unloading as this would be the safest? Just draw a line perpendicular to the buses axis of travel, extend this to the ends of the lot, and do not cross this line even if hundreds of feet away....

    ;)

    The point is if the lights are not legally applicable as it appears to be so in the state at hand, using them creates a false sense of security for the passengers.

    No, the pathways in the parking lot do not become little roadways because the law at hand doesn’t apply to the situation.


    Not using lights when it isn’t applicable does not make th driver culpable should a child be injured. The lights are authorized when in situation where the law provides for them to be used. Using them when they aren’t authorized could be more problematic than not using them.
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