Page 5 of 6 FirstFirst ... 3 4 5 6 LastLast
Results 41 to 50 of 56
  1. #41
    Join Date
    May 2014
    Posts
    208

    Default Re: Stopping for School Buses in Private Parking Lots

    Quote Quoting jk
    View Post
    So riddle me this:
    if the bus service is not owned by the school district (which is the case in my area with some of the school systems) would the school still,be using the private lot since the law specifies when the private property is being used by the school or educational institution?
    Doesn't matter if the "bus service" is "owned" by the school district or not. If the bus service is contracted by the school district/board/whatever, than the bus is using the parking lot to load and unload children for the purpose of school transportation. In which case, the law applies to this situation.

    This is really simple. "used by" is not difficult to understand.

  2. #42
    Join Date
    Oct 2014
    Posts
    7,458

    Default Re: Stopping for School Buses in Private Parking Lots

    Quote Quoting Guybrush
    View Post

    This is really simple. "used by" is not difficult to understand.
    If it simple then you are missing something very simple because you have it wrong. Under your interpretation, any place the bus stops becomes property used by the school. That is not, however, what it means. If it did, the rest of the statute that defines places where the bus is located that the statute applies becomes meaningless. A canon of statutory construction is that all words of the statute are given meaning. To do that here, used by cannot mean what you think it does. The term is used in the following phrase: "that is stopped upon property owned, operated, or used by a school or educational institution,...." So if used by would mean any place that the bus stopped the terms owned and operated would not be needed. If the legislature had meant what you think, the whole statute could be vastly simplified to read "The driver of a vehicle upon meeting or overtaking from either direction any school bus that has stopped for the purpose of receiving or discharging any school children, shall stop the vehicle before reaching the school bus, and the driver shall not proceed until the school bus resumes motion or is signaled by the school bus driver to proceed or the visual signals are no longer actuated." That's it. No references to highways, or property owned, operated, or used by the school would be needed. Instead, the statute is defining those particular places that the bus stops that will be covered by the statute. So the bus stopping there itself doesn't make that place covered. So apply the term used by just like you would owned or operated (which is the logical way to go since used by is included in the same list as the other two which implicates another canon of statutory construction) and ask the question "regardless of whether the bus is there, is the property owned, operated, or used by school?" If it is then it is a place covered by the statute even though it is not a highway.

  3. #43
    Join Date
    Mar 2018
    Posts
    326

    Default Re: Stopping for School Buses in Private Parking Lots

    Quote Quoting jk
    View Post
    Of course there has never been a child hit because some person was 100%sure there were no kids, but was wrong.

    But what does that have to do with the fact you were wrong and cbg was correct?
    For most people, that "I must have the last word" thing ends in 3rd grade. Not for you, I see.

  4. #44
    Join Date
    May 2014
    Posts
    208

    Default Re: Stopping for School Buses in Private Parking Lots

    Quote Quoting Taxing Matters
    View Post
    [FONT=Georgia][SIZE=3]If it simple then you are missing something very simple because you have it wrong. Under your interpretation, any place the bus stops becomes property used by the school.

    Well, you almost had it right. No where does the law state that the property belongs to the school. 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.

  5. #45
    Join Date
    Oct 2014
    Posts
    7,458

    Default Re: Stopping for School Buses in Private Parking Lots

    Quote Quoting Guybrush
    View Post
    Well, you almost had it right. No where does the law state that the property belongs to the school. 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.
    No, you have that wrong for the reasons I stated before. Under your interpretation of "used by" any place the bus stops is a property used by the school. And that makes all the other references to location in the statute — highway, property owned by the school, and property operated by the school — meaningless. So clearly that is not what he legislature intended. If the legislature had intended your interpretation, it would have written the statute like the example I gave before. That is why the principle of statutory construction exists that says a court must give an interpretation to the statute that gives each word in the statute meaning. Yours doesn't do that, yours makes significant parts of the statute meaningless. So that is not what the courts would say the statute requires. My interpretation, on the other hand, does give effect to each word of the statute and, taking the statute as a whole, better fits the intention of the legislature.

    Ask yourself this: if the legislature truly meant that every place that a bus stopped was to be subject to the statute, why not just say that? What is the purpose of the legislature in giving a list of places — highways, and property owned, operated or used by the school — that are subject to the statute if the purpose was not to limit the application of the statute to just certain places rather than having it apply everywhere? If it is to apply everywhere you wouldn't list four specific places that it applies. You'd write it like I did earlier. Your interpretation does not give any effect to what the legislature was doing in limiting the places where it would apply.

  6. #46
    Join Date
    Sep 2018
    Location
    Ohio
    Posts
    244

    Default Re: Stopping for School Buses in Private Parking Lots

    I believe "used by" means the school has a daily or routine interest in, not just an out of norm stop.

    This does not address that issue we debate, but may offer some insight?

    The Tennessee Supreme Court has stated that “[t]he most basic principle of statutory
    construction is to ascertain and give effect to the legislative intent without unduly restricting or
    expanding a statute’s coverage beyond its intended scope.” Owens v. State, 908 S.W.2d 923, 926
    (Tenn. 1995); see also Browder v. Morris, 975 S.W.2d 308, 311 (Tenn. 1998) (“The cardinal rule
    of statutory construction is to effectuate the legislative intent, with all rules of construction being
    aides to that end.”).

    The first step in determining legislative intent is to determine whether the statutory language
    itself is ambiguous. If it is not, we are limited to the plain meaning of the statutory language. We
    are instructed by our highest court to “initially look to the language of the statute itself in
    determining the intent of the legislature. Courts are restricted to the natural and ordinary meaning
    of the language used by the legislature in the statute, unless an ambiguity requires resort elsewhere
    to ascertain legislative intent.” Browder, 975 S.W.2d at 311 (citing Austin v. Memphis Pub. Co.,
    655 S.W.2d 146, 148 (Tenn. 1983)). Additionally, appellate courts must “assume that the
    legislature used each word in the statute purposely, and that the use of these words conveys some
    intent and has a meaning and purpose.” Browder, 975 S.W.2d at 311 (citing Locust v. State, 912
    S.W.2d 716, 718 (Tenn. Ct. App. 1995)). Thus, “[w]here the words of the statute are clear and plain
    and fully express the legislature’s intent, there is no room to resort to auxiliary rules of construction,
    and we need only enforce that statute as written.” Id. (citing Roberson v. University of Tennessee,
    912 S.W.2d 746, 747 (Tenn. Ct. App. 1995), and In re Conservatorship of Clayton, 914 S.W.2d 84,
    90 (Tenn. Ct. App. 1995)).

  7. #47
    Join Date
    May 2014
    Posts
    208

    Default Re: Stopping for School Buses in Private Parking Lots

    Quote Quoting Taxing Matters
    View Post
    No, you have that wrong for the reasons I stated before. Under your interpretation of "used by" any place the bus stops is a property used by the school.
    That is hilarious! How in the world can you possibly change MY interpretation when I clearly state what I believe "used by" means. I guess I should change your interpretation of your words and suggest they mean you have no clue of what you're talking about.

    nuff said....

  8. #48
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,129

    Default Re: Stopping for School Buses in Private Parking Lots

    So, Guybrush, the law is required to use your interpretation? There's no question but that your interpretation is the right one and no one gets to tell you otherwise? Is that how it works?

    My, it must be nice to be so special.

  9. #49
    Join Date
    May 2014
    Posts
    208

    Default Re: Stopping for School Buses in Private Parking Lots

    Quote Quoting cbg
    View Post
    So, Guybrush, the law is required to use your interpretation? There's no question but that your interpretation is the right one and no one gets to tell you otherwise? Is that how it works?

    My, it must be nice to be so special.

    I am sorry - I will cease my debate with until you are armed.

  10. #50
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,129

    Default Re: Stopping for School Buses in Private Parking Lots

    Aw, aren't you cute.

    1. Sponsored Links
       

Page 5 of 6 FirstFirst ... 3 4 5 6 LastLast

Similar Threads

  1. Parking Tickets: Enforcement of Parking Restrictions in Private Parking Lots
    By Brian57 in forum Moving Violations, Parking and Traffic Tickets
    Replies: 1
    Last Post: 04-30-2018, 04:35 PM
  2. Lights, Signs and Traffic Controls: Can a Line of School Buses Ignore Stop Signs on the Edge of School Property
    By RosemontReporter in forum Moving Violations, Parking and Traffic Tickets
    Replies: 8
    Last Post: 05-28-2017, 03:52 PM
  3. Passing a School Bus: Ticketed for Passing School Buses in a Parking Lot
    By lawfacts in forum Moving Violations, Parking and Traffic Tickets
    Replies: 1
    Last Post: 01-03-2017, 09:34 AM
  4. Parking Tickets: Do Police Have Jurisdiction to Give Parking Violations in Private Parking Lots
    By ELLO in forum Moving Violations, Parking and Traffic Tickets
    Replies: 6
    Last Post: 11-07-2014, 06:56 PM
  5. Parking Violations: Do Parking Exemptions for Handicapped Drivers Apply to Private Lots
    By Terrencerocks in forum Moving Violations, Parking and Traffic Tickets
    Replies: 1
    Last Post: 05-09-2014, 06:56 AM
 
 
Sponsored Links

Legal Help, Information and Resources